Federal · Title 18 — Crimes and Criminal Procedure

18 U.S.C. § 892: Making extortionate extensions of credit

Felony

What this law says, in plain English

Making an extortionate extension of credit—a loan at excessive interest rates (over 45% annually) using or threatening force to collect—is a criminal offense punishable by up to 20 years imprisonment.

Read the full statutory text
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. in the jurisdiction within which the debtor, if a natural person, resided or in every jurisdiction within which the debtor, if other than a natural person, was incorporated or qualified to do business 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. 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 the creditor had a reputation for the use of extortionate means to collect extensions of credit or to punish the nonrepayment thereof. 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. 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 creditor’s 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.

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This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.