Page:United States Statutes at Large Volume 104 Part 6.djvu/485

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PUBLIC LAW 101-647—NOV. 29, 1990 104 STAT. 4875 "(E) section 1341 (relating to mail fraud); or "(F) section 1343 (relating to wire fraud), involving the sale of assets acquired or held by the Resolution Trust Corporation, the Federal Deposit Insurance Corporation, as conservator or receiver for a financial institution or any other conservator for a financial institution appointed by the Office of the Comptroller of the Currency or the Office of Thrift Supervision, or the National Credit Union Administration, as conservator or liquidating Eigent for a financial institution, shall order that the person forfeit to the United States any property, real or personal, which represents or is traceable to the gross receipts obtained, directly or indirectly, as a result of such violation. "(4) With respect to an offense listed in subsection (a)(3) committed for the purpose of executing or attempting to execute any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent statements, pretenses, representations, or promises, the gross receipts of such an of- fense shall include any property, real or personal, tangible or intangible, which is obtained, directly or indirectly, as a result of such offense.". SEC. 2526. PROHIBITION ON ACQUISITIONS FROM CONSERVATORS AND RECEIVERS OF DEPOSITORY INSTITUTIONS BY CONVICTED FELONS. (a) FDIC INSURED DEPOSITORY INSTITUTIONS. —Section 11 of the Federal Deposit Insurance Act (12 U.S.C. 1821) is amended by adding at the end the following new subsection: "(p) CERTAIN CONVICTED DEBTORS PROHIBITED FROM PURCHASING ASSETS. — "(1) CONVICTED DEBTORS.— Except as provided in paragraph (2), any individual who— "(A) has been convicted of an offense under section 215, 656, 657, 1005, 1006, 1007, 1008, 1014, 1032, 1341, 1343, or 1344 of title 18, United States Code, or of conspiring to commit such an offense, affecting any insured depository institution for which any conservator or receiver has been appointed; and "(B) is in default on any loan or other extension of credit from such insured depository institution which, if not paid, will cause substantial loss to the institution, any deposit insurance fund, the Corporation, the FSLIC Resolution Fund, or the Resolution Trust Corporation, may not purchase any asset of such institution from the conservator or receiver. "(2) SETTLEMENT OF CLAIMS. —Paragraph (1) shall not apply to the sale or transfer by the Corporation of any asset of any insured depository institution to any individual if the sale or transfer of the asset resolves or settles, or is part of the resolution or settlement, of— "(A) 1 or more claims that have been, or could have been, asserted by the Corporation against the individual; or "(B) obligations owed by the individual to any insured depository institution, the FSLIC Resolution Fund, the Resolution Trust Corporation, or the Corporation.".