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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 18 U.S.C. § 892 Making extortionate extensions of credit us united_states_code code_section 18 CRIMES AND CRIMINAL PROCEDURE 42 EXTORTIONATE CREDIT TRANSACTIONS 892 18 U.S.C. § 892 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc18@119-100.zip /us/usc/t18/s892 data/legal/raw/us/code/title-18/usc18.xml 2f8236c2d929885af0b391c9b16117f7328722e85eddfa060168e03dde683ff6 1a1bbbbdb59e376ada4eb7ad1056fd68d396679ee7ab59f0561af15006122708 9fcd45d53c09c0ce709bed8065efc39b979497dca86127aecba3510af3ab9282 2026-07-04 official
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18 U.S.C. § 892 - Making extortionate extensions of credit

Text

(a) Whoever makes any extortionate extension of credit, or conspires to do so, shall be fined under this title or imprisoned not more than 20 years, or both.

(b) In any prosecution under this section, if it is shown that all of the following factors were present in connection with the extension of credit in question, there is prima facie evidence that the extension of credit was extortionate, but this subsection is nonexclusive and in no way limits the effect or applicability of subsection (a):

(1) The repayment of the extension of credit, or the performance of any promise given in consideration thereof, would be unenforceable, through civil judicial processes against the debtor

(A) in the jurisdiction within which the debtor, if a natural person, resided or

(B) in every jurisdiction within which the debtor, if other than a natural person, was incorporated or qualified to do business

at the time the extension of credit was made.

(2) The extension of credit was made at a rate of interest in excess of an annual rate of 45 per centum calculated according to the actuarial method of allocating payments made on a debt between principal and interest, pursuant to which a payment is applied first to the accumulated interest and the balance is applied to the unpaid principal.

(3) At the time the extension of credit was made, the debtor reasonably believed that either

(A) one or more extensions of credit by the creditor had been collected or attempted to be collected by extortionate means, or the nonrepayment thereof had been punished by extortionate means; or

(B) the creditor had a reputation for the use of extortionate means to collect extensions of credit or to punish the nonrepayment thereof.

(4) Upon the making of the extension of credit, the total of the extensions of credit by the creditor to the debtor then outstanding, including any unpaid interest or similar charges, exceeded $100.

(c) In any prosecution under this section, if evidence has been introduced tending to show the existence of any of the circumstances described in subsection (b)(1) or (b)(2), and direct evidence of the actual belief of the debtor as to the creditors collection practices is not available, then for the purpose of showing the understanding of the debtor and the creditor at the time the extension of credit was made, the court may in its discretion allow evidence to be introduced tending to show the reputation as to collection practices of the creditor in any community of which the debtor was a member at the time of the extension.

(Added Pub. L. 90321, title II, § 202(a), May 29, 1968, 82 Stat. 160; amended Pub. L. 103322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

Notes

Editorial Notes

Amendments1994—Subsec. (a). Pub. L. 103322 substituted “fined under this title” for “fined not more than $10,000”.