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1000 - Federal Deposit Insurance Act


SEC. 20.  PARTICIPATION BY STATE NONMEMBER INSURED BANKS IN LOTTERIES AND RELATED ACTIVITIES.--

(a)  PROHIBITED ACTIVITIES.--A State nonmember insured bank may not--

(1)  deal in lottery tickets;

(2)  deal in bets used as a means or substitute for participation in a lottery;

(3)  announce, advertise, or publicize the existence of any lottery; or

(4)  announce, advertise, or publicize the existence or identity of any participant or winner, as such, in a lottery.

[Codified to 12 U.S.C. 1829a(a)]

[Source:  Section 2[20(a)] of the Act of September 21, 1950 (Pub. L. No. 797), as added by section 3 of the Act of December 15, 1967 (Pub. L. No. 90--203; 81 Stat. 610), effective April 1, 1968; as amended by section 602(a)(51) of title VI of the Act of September 23, 1994 (Pub. L. No. 103--325; 108 Stat. 2290), effective September 23,1994]

(b)  USE OF BANKING PREMISES PROHIBITED.--A State nonmember insured bank may not permit--

(1)  the use of any part of any of its banking offices by any person for any purpose forbidden to the bank under subsection (a), or

(2)  direct access by the public from any of its banking offices to any premises used by any person for any purpose forbidden to the bank under subsection (a).

[Codified to 12 U.S.C. 1829a(b)]

[Source:  Section 2[20(b)] of the Act of September 21, 1950 (Pub. L. No. 797), as added by section 3 of the Act of December 15, 1967 (Pub. L. No. 90--203; 81 Stat. 610), effective April 1, 1968]

(c)  Definitions

As used in this section--

(1)  The term "deal in" includes making, taking, buying, selling, redeeming, or collecting.

(2)  The term "lottery" includes any arrangement whereby three or more persons (the "participants") advance money or credit to another in exchange for the possibility or expectation that one or more but not all of the participants (the "winners") will receive by reason of their advances more than the amounts they have advanced, the identity of the winners being determined by any means which includes--

(A)  a random selection;

(B)  a game, race, or contest; or

(C)  any record or tabulation of the result of one or more events in which any participant has no interest except for its bearing upon the possibility that he may become a winner.

(3)  The term "lottery ticket" includes any right, privilege, or possibility (and any ticket, receipt, record, or other evidence of any such right, privilege, or possibility), of becoming a winner in a lottery.

[Codified to 12 U.S.C. 1829a(c)]

[Source:  Section 2[20(c) of the Act of September 21, 1950, as added by section 3 of the Act of Dec. 15, 1967, (Pub. L. No. 90--203; 81 Stat. 610), effective April 1, 1968]

(d)  LAWFUL BANKING SERVICES CONNECTED WITH OPERATION OF LOTTERY.--Nothing contained in this section prohibits a State nonmember insured bank from accepting deposits or cashing or otherwise handling checks or other negotiable instruments, or performing other lawful banking services for a State operating a lottery, or for an officer or employee of that State who is charged with the administration of the lottery.

(e)  REGULATIONS; ENFORCEMENT.--The Board of Directors shall prescribe such regulations as may be necessary to the strict enforcement of this section and the prevention of evasions thereof.

[Codified to 12 U.S.C. 1829a(e)]

[Source:  Section 2[20(e)] of the Act of September 21, 1950 (Pub. L. No. 797), as added by section 3 of the Act of December 15, 1967 (Pub. L. No. 90--203; 81 Stat. 610), effective April 1, 1968]

NOTES AND DECISIONS

Derivation.  Section 20 derives from section 3 of the Act of December 15, 1967 (Pub. L. No. 90--203; 81 Stat. 610), effective April 1, 1968.


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