US (United States) Code. Title 18. Chapter 31: Embezzlement and theft

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure

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-CITE-

18 USC CHAPTER 31 - EMBEZZLEMENT AND THEFT 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 31 - EMBEZZLEMENT AND THEFT

.

-HEAD-

CHAPTER 31 - EMBEZZLEMENT AND THEFT

-MISC1-

Sec.

641. Public money, property or records.

642. Tools and materials for counterfeiting purposes.

643. Accounting generally for public money.

644. Banker receiving unauthorized deposit of public money.

645. Court officers generally.

646. Court officers depositing registry moneys.

647. Receiving loan from court officer.

648. Custodians, generally, misusing public funds.

649. Custodians failing to deposit moneys; persons affected.

650. Depositaries failing to safeguard deposits.

651. Disbursing officer falsely certifying full payment.

652. Disbursing officer paying lesser in lieu of lawful amount.

653. Disbursing officer misusing public funds.

654. Officer or employee of United States converting property of

another.

655. Theft by bank examiner.

656. Theft, embezzlement, or misapplication by bank officer or

employee.

657. Lending, credit and insurance institutions.

658. Property mortgaged or pledged to farm credit agencies.

659. Interstate or foreign shipments by carrier; State

prosecutions.

660. Carrier's funds derived from commerce; State prosecutions.

661. Within special maritime and territorial jurisdiction.

662. Receiving stolen property, (FOOTNOTE 1) within special

maritime and territorial jurisdiction.

(FOOTNOTE 1) So in original. Does not conform to section

catchline.

663. Solicitation or use of gifts.

664. Theft or embezzlement from employee benefit plan.

665. Theft or embezzlement from employment and training funds;

improper inducement; obstruction of investigations.

666. Theft or bribery concerning programs receiving Federal funds.

667. Theft of livestock.

668. Theft of major artwork.

669. Theft or embezzlement in connection with health care.

AMENDMENTS

1996 - Pub. L. 104-294, title VI, Sec. 601(f)(7), Oct. 11, 1996,

110 Stat. 3500, inserted comma after ''embezzlement'' in item 656.

Pub. L. 104-191, title II, Sec. 243(b), Aug. 21, 1996, 110 Stat.

2017, added item 669.

1994 - Pub. L. 103-322, title XXXII, Sec. 320902(d)(1), Sept. 13,

1994, 108 Stat. 2124, added item 668.

1984 - Pub. L. 98-473, title II, Sec. 1104(b), 1112, Oct. 12,

1984, 98 Stat. 2144, 2149, added items 666 and 667.

1978 - Pub. L. 95-524, Sec. 3(b), Oct. 27, 1978, 92 Stat. 2018,

substituted ''employment and training funds'' for ''manpower

funds'' and inserted ''; obstruction of investigations'' after

''improper inducement'' in item 665.

1973 - Pub. L. 93-203, title VII, Sec. 711(b), formerly title VI,

Sec. 611(b), Dec. 28, 1973, 87 Stat. 882, renumbered Pub. L.

93-567, title I, Sec. 101, Dec. 31, 1974, 88 Stat. 1845, added item

665.

1966 - Pub. L. 89-654, Sec. 1(e), Oct. 14, 1966, 80 Stat. 904,

substituted ''shipments by carrier'' for ''baggage, express or

freight'' in item 659.

1962 - Pub. L. 87-420, Sec. 17(b), Mar. 20, 1962, 76 Stat. 42,

added item 664.

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

Application of general penal statutes relating to larceny,

embezzlement, or conversion of public moneys or property of the

United States, to moneys and property of Saint Lawrence Seaway

Development Corporation, see section 990 of Title 33, Navigation

and Navigable Waters.

-CITE-

18 USC Sec. 641 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 31 - EMBEZZLEMENT AND THEFT

-HEAD-

Sec. 641. Public money, property or records

-STATUTE-

Whoever embezzles, steals, purloins, or knowingly converts to his

use or the use of another, or without authority, sells, conveys or

disposes of any record, voucher, money, or thing of value of the

United States or of any department or agency thereof, or any

property made or being made under contract for the United States or

any department or agency thereof; or

Whoever receives, conceals, or retains the same with intent to

convert it to his use or gain, knowing it to have been embezzled,

stolen, purloined or converted -

Shall be fined under this title or imprisoned not more than ten

years, or both; but if the value of such property does not exceed

the sum of $1,000, he shall be fined under this title or imprisoned

not more than one year, or both.

The word ''value'' means face, par, or market value, or cost

price, either wholesale or retail, whichever is greater.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 725; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(H), (L), Sept. 13, 1994, 108 Stat. 2147;

Pub. L. 104-294, title VI, Sec. 606(a), Oct. 11, 1996, 110 Stat.

3511.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 82, 87, 100, 101 (Mar.

4, 1909, ch. 321, Sec. 35, 36, 47, 48, 35 Stat. 1095, 1096-1098;

Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18, 1934, ch. 587, 48

Stat. 996; Apr. 4, 1938, ch. 69, 52 Stat. 197; Nov. 22, 1943, ch.

302, 57 Stat. 591.)

Section consolidates sections 82, 87, 100, and 101 of title 18,

U.S.C., 1940 ed. Changes necessary to effect the consolidation

were made. Words ''or shall willfully injure or commit any

depredation against'' were taken from said section 82 so as to

confine it to embezzlement or theft.

The quoted language, rephrased in the present tense, appears in

section 1361 of this title.

Words ''in a jail'' which followed ''imprisonment'' and preceded

''for not more than one year'' in said section 82, were omitted.

(See reviser's note under section 1 of this title.)

Language relating to receiving stolen property is from said

section 101.

Words ''or aid in concealing'' were omitted as unnecessary in

view of definitive section 2 of this title. Procedural language at

end of said section 101 ''and such person may be tried either

before or after the conviction of the principal offender'' was

transferred to and rephrased in section 3435 of this title.

Words ''or any corporation in which the United States of America

is a stockholder'' in said section 82 were omitted as unnecessary

in view of definition of ''agency'' in section 6 of this title.

The provisions for fine of not more than $1,000 or imprisonment

of not more than 1 year for an offense involving $100 or less and

for fine of not more than $10,000 or imprisonment of not more than

10 years, or both, for an offense involving a greater amount were

written into this section as more in conformity with the later

congressional policy expressed in sections 82 and 87 of title 18,

U.S.C., 1940 ed., than the nongraduated penalties of sections 100

and 101 of said title 18.

Since the purchasing power of the dollar is less than it was when

$50 was the figure which determined whether larceny was petit

larceny or grand larceny, the sum $100 was substituted as more

consistent with modern values.

The meaning of ''value'' in the last paragraph of the revised

section is written to conform with that provided in section 2311 of

this title by inserting the words ''face, par, or''.

This section incorporates the recommendation of Paul W. Hyatt,

president, board of commissioners of the Idaho State Bar

Association, that sections 82 and 100 of title 18, U.S.C., 1940

ed., be combined and simplified.

Also, with respect to section 101 of title 18, U.S.C., 1940 ed.,

this section meets the suggestion of P. F. Herrick, United States

attorney for Puerto Rico, that the punishment provision of said

section be amended to make the offense a misdemeanor where the

amount involved is $50 or less.

Changes were made in phraseology.

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''$1,000'' for ''$100'' in

third par.

1994 - Pub. L. 103-322, in third par., substituted ''fined under

this title'' for ''fined not more than $10,000'' after ''Shall be''

and for ''fined not more than $1,000'' after ''he shall be''.

SHORT TITLE OF 1984 AMENDMENT

Pub. L. 98-473, title II, chapter XI, part I (Sec. 1110-1115),

Sec. 1110, Oct. 12, 1984, 98 Stat. 2148, provided that: ''This Part

(enacting section 667 of this title and amending sections 2316 and

2317 of this title) may be cited as the 'Livestock Fraud Protection

Act'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1956 of this title; title

22 section 3622; title 40 section 611.

-CITE-

18 USC Sec. 642 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 31 - EMBEZZLEMENT AND THEFT

-HEAD-

Sec. 642. Tools and materials for counterfeiting purposes

-STATUTE-

Whoever, without authority from the United States, secretes

within, or embezzles, or takes and carries away from any building,

room, office, apartment, vault, safe, or other place where the same

is kept, used, employed, placed, lodged, or deposited by authority

of the United States, any tool, implement, or thing used or fitted

to be used in stamping or printing, or in making some other tool or

implement used or fitted to be used in stamping or printing any

kind or description of bond, bill, note, certificate, coupon,

postage stamp, revenue stamp, fractional currency note, or other

paper, instrument, obligation, device, or document, authorized by

law to be printed, stamped, sealed, prepared, issued, uttered, or

put in circulation on behalf of the United States; or

Whoever, without such authority, so secretes, embezzles, or takes

and carries away any paper, parchment, or other material prepared

and intended to be used in the making of any such papers,

instruments, obligations, devices, or documents; or

Whoever, without such authority, so secretes, embezzles, or takes

and carries away any paper, parchment, or other material printed or

stamped, in whole or part, and intended to be prepared, issued, or

put in circulation on behalf of the United States as one of such

papers, instruments, or obligations, or printed or stamped, in

whole or part, in the similitude of any such paper, instrument, or

obligation, whether intended to issue or put the same in

circulation or not -

Shall be fined under this title or imprisoned not more than ten

years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 725; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 269 (Mar. 4, 1909, ch.

321, Sec. 155, 35 Stat. 1117).

Words ''bed piece, bed-plate, roll, plate, die, seal, type, or

other'' were omitted as covered by ''tool, implement, or thing.''

Minor changes in phraseology were made.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000'' in last par.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 492 of this title.

-CITE-

18 USC Sec. 643 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 31 - EMBEZZLEMENT AND THEFT

-HEAD-

Sec. 643. Accounting generally for public money

-STATUTE-

Whoever, being an officer, employee or agent of the United States

or of any department or agency thereof, having received public

money which he is not authorized to retain as salary, pay, or

emolument, fails to render his accounts for the same as provided by

law is guilty of embezzlement, and shall be fined under this title

or in a sum equal to the amount of the money embezzled, whichever

is greater, or imprisoned not more than ten years, or both; but if

the amount embezzled does not exceed $1,000, he shall be fined

under this title or imprisoned not more than one year, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 726; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(H), (2)(G), Sept. 13, 1994, 108 Stat. 2147,

2148; Pub. L. 104-294, title VI, Sec. 606(a), Oct. 11, 1996, 110

Stat. 3511.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 176 (Mar. 4, 1909, ch.

321, Sec. 90, 35 Stat. 1105).

Word ''employee'' was inserted to avoid ambiguity as to scope of

section.

Words ''or of any department or agency thereof'' were added after

the words ''United States''. (See definitions of the terms

''department'' and ''agency'' in section 6 of this title.)

Mandatory punishment provisions phrased in alternative.

The smaller punishment for an offense involving $100 or less was

added. (See reviser's notes under sections 641 and 645 of this

title.)

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''$1,000'' for ''$100''.

1994 - Pub. L. 103-322, Sec. 330016(2)(G), substituted ''and

shall be fined under this title or in a sum equal to the amount of

the money embezzled, whichever is greater, or imprisoned'' for

''and shall be fined in a sum equal to the amount of the money

embezzled or imprisoned''.

Pub. L. 103-322, Sec. 330016(1)(H), substituted ''fined under

this title'' for ''fined not more than $1,000'' after ''he shall

be''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 649 of this title; title 5

sections 3374, 3704.

-CITE-

18 USC Sec. 644 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 31 - EMBEZZLEMENT AND THEFT

-HEAD-

Sec. 644. Banker receiving unauthorized deposit of public money

-STATUTE-

Whoever, not being an authorized depositary of public moneys,

knowingly receives from any disbursing officer, or collector of

internal revenue, or other agent of the United States, any public

money on deposit, or by way of loan or accommodation, with or

without interest, or otherwise than in payment of a debt against

the United States, or uses, transfers, converts, appropriates, or

applies any portion of the public money for any purpose not

prescribed by law is guilty of embezzlement and shall be fined

under this title or not more than the amount so embezzled,

whichever is greater, or imprisoned not more than ten years, or

both; but if the amount embezzled does not exceed $1,000, he shall

be fined not more than $1,000 or imprisoned not more than one year,

or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 726; Pub. L. 103-322, title

XXXIII, Sec. 330016(2)(G), Sept. 13, 1994, 108 Stat. 2148; Pub. L.

104-294, title VI, Sec. 606(a), Oct. 11, 1996, 110 Stat. 3511.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 182 (Mar. 4, 1909, ch.

321, Sec. 96, 35 Stat. 1106).

The smaller punishment for an offense involving $100 or less was

added. (See reviser's notes under sections 641 and 645 of this

title.)

Changes were made in phraseology.

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''does not exceed $1,000'' for

''does not exceed $100''.

1994 - Pub. L. 103-322 substituted ''shall be fined under this

title or not more than the amount so embezzled, whichever is

greater, or imprisoned'' for ''shall be fined not more than the

amount so embezzled or imprisoned''.

-CITE-

18 USC Sec. 645 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 31 - EMBEZZLEMENT AND THEFT

-HEAD-

Sec. 645. Court officers generally

-STATUTE-

Whoever, being a United States marshal, clerk, receiver, referee,

trustee, or other officer of a United States court, or any deputy,

assistant, or employee of any such officer, retains or converts to

his own use or to the use of another or after demand by the party

entitled thereto, unlawfully retains any money coming into his

hands by virtue of his official relation, position or employment,

is guilty of embezzlement and shall, where the offense is not

otherwise punishable by enactment of Congress, be fined under this

title or not more than double the value of the money so embezzled,

whichever is greater, or imprisoned not more than ten years, or

both; but if the amount embezzled does not exceed $1,000, he shall

be fined under this title or imprisoned not more than one year, or

both.

It shall not be a defense that the accused person had any

interest in such moneys or fund.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 726; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(H), (2)(G), Sept. 13, 1994, 108 Stat. 2147,

2148; Pub. L. 104-294, title VI, Sec. 606(a), Oct. 11, 1996, 110

Stat. 3511.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 186 (May 29, 1920, ch.

212, 41 Stat. 630).

The smaller punishment for an offense involving $100 or less was

inserted to conform to section 641 of this title which represents a

later expression of congressional intent.

Minor changes were made in phraseology.

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''$1,000'' for ''$100''.

1994 - Pub. L. 103-322, Sec. 330016(2)(G), substituted ''be fined

under this title or not more than double the value of the money so

embezzled, whichever is greater, or imprisoned'' for ''be fined not

more than double the value of the money so embezzled or

imprisoned''.

Pub. L. 103-322, Sec. 330016(1)(H), substituted ''fined under

this title'' for ''fined not more than $1,000'' after ''he shall

be''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 3622.

-CITE-

18 USC Sec. 646 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 31 - EMBEZZLEMENT AND THEFT

-HEAD-

Sec. 646. Court officers depositing registry moneys

-STATUTE-

Whoever, being a clerk or other officer of a court of the United

States, fails to deposit promptly any money belonging in the

registry of the court, or paid into court or received by the

officers thereof, with the Treasurer or a designated depositary of

the United States, in the name and to the credit of such court, or

retains or converts to his own use or to the use of another any

such money, is guilty of embezzlement and shall be fined under this

title or not more than the amount embezzled, whichever is greater,

or imprisoned not more than ten years, or both; but if the amount

embezzled does not exceed $1,000, he shall be fined under this

title or imprisoned not more than one year, or both.

This section shall not prevent the delivery of any such money

upon security, according to agreement of parties, under the

direction of the court.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 726; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(H), (2)(H), Sept. 13, 1994, 108 Stat. 2147,

2148; Pub. L. 104-294, title VI, Sec. 606(a), Oct. 11, 1996, 110

Stat. 3511.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 185 (Mar. 4, 1909, ch.

321, Sec. 99, 35 Stat. 1106; May 29, 1920, ch. 214, Sec. 1, 41

Stat. 654).

The smaller punishment for an offense involving $100 or less was

inserted for the reasons outlined in reviser's notes to sections

641 and 645 of this title.

Minor changes were made in phraseology.

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''$1,000'' for ''$100''.

1994 - Pub. L. 103-322, Sec. 330016(2)(H), substituted ''shall be

fined under this title or not more than the amount embezzled,

whichever is greater, or imprisoned'' for ''shall be fined not more

than the amount embezzled, or imprisoned''.

Pub. L. 103-322, Sec. 330016(1)(H), substituted ''fined under

this title'' for ''fined not more than $1,000'' after ''he shall

be''.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all officers of Department of the Treasury, and

functions of all agencies and employees of such Department,

transferred, with certain exceptions, to Secretary of the Treasury,

with power vested in him to authorize their performance or

performance of any of his functions, by any of such officers,

agencies, and employees, by Reorg. Plan No. 26 of 1950, Sec. 1, 2,

eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in

the Appendix to Title 5, Government Organization and Employees. The

Treasurer of the United States, referred to in this section, is an

officer of Department of the Treasury.

-CITE-

18 USC Sec. 647 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 31 - EMBEZZLEMENT AND THEFT

-HEAD-

Sec. 647. Receiving loan from court officer

-STATUTE-

Whoever knowingly receives, from a clerk or other officer of a

court of the United States, as a deposit, loan, or otherwise, any

money belonging in the registry of such court, is guilty of

embezzlement, and shall be fined under this title or not more than

the amount embezzled, whichever is greater, or imprisoned not more

than ten years, or both; but if the amount embezzled does not

exceed $1,000, he shall be fined under this title or imprisoned not

more than one year, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 727; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(H), (2)(G), Sept. 13, 1994, 108 Stat. 2147,

2148; Pub. L. 104-294, title VI, Sec. 606(a), Oct. 11, 1996, 110

Stat. 3511.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 187 (Mar. 4, 1909, ch.

321, Sec. 100, 35 Stat. 1107).

The punishment provision of section 185 of title 18, U.S.C., 1940

ed., now section 646 of this title, was substituted for the words

''punished as prescribed in section 185 of this title'' and the

smaller punishment for an offense involving $100 or less was

inserted. (See reviser's notes under sections 641 and 645 of this

title.)

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''$1,000'' for ''$100''.

1994 - Pub. L. 103-322, Sec. 330016(2)(G), substituted ''shall be

fined under this title or not more than the amount embezzled,

whichever is greater, or imprisoned'' for ''shall be fined not more

than the amount embezzled or imprisoned''.

Pub. L. 103-322, Sec. 330016(1)(H), substituted ''fined under

this title'' for ''fined not more than $1,000'' after ''he shall

be''.

-CITE-

18 USC Sec. 648 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 31 - EMBEZZLEMENT AND THEFT

-HEAD-

Sec. 648. Custodians, generally, misusing public funds

-STATUTE-

Whoever, being an officer or other person charged by any Act of

Congress with the safe-keeping of the public moneys, loans, uses,

or converts to his own use, or deposits in any bank, including any

branch or agency of a foreign bank (as such terms are defined in

paragraphs (1) and (3) of section 1(b) of the International Banking

Act of 1978), or exchanges for other funds, except as specially

allowed by law, any portion of the public moneys intrusted to him

for safe-keeping, is guilty of embezzlement of the money so loaned,

used, converted, deposited, or exchanged, and shall be fined under

this title or in a sum equal to the amount of money so embezzled,

whichever is greater, or imprisoned not more than ten years, or

both; but if the amount embezzled does not exceed $1,000, he shall

be fined under this title or imprisoned not more than one year, or

both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 727; Pub. L. 101-647, title XXV,

Sec. 2597(d), Nov. 29, 1990, 104 Stat. 4909; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(H), (2)(G), Sept. 13, 1994, 108 Stat. 2147,

2148; Pub. L. 104-294, title VI, Sec. 606(a), Oct. 11, 1996, 110

Stat. 3511.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 175 (Mar. 4, 1909, ch.

321, Sec. 89, 35 Stat. 1105).

Mandatory punishment provision was rephrased in the alternative.

The smaller punishment for an offense involving $100 or less was

inserted. (See reviser's notes under sections 641 and 645 of this

title.)

Minor changes in phraseology were made.

-REFTEXT-

REFERENCES IN TEXT

Section 1(b) of the International Banking Act of 1978, referred

to in text, is classified to section 3101 of Title 12, Banks and

Banking.

-MISC2-

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''$1,000'' for ''$100''.

1994 - Pub. L. 103-322, Sec. 330016(2)(G), substituted ''shall be

fined under this title or in a sum equal to the amount of money so

embezzled, whichever is greater, or imprisoned'' for ''shall be

fined in a sum equal to the amount of money so embezzled or

imprisoned''.

Pub. L. 103-322, Sec. 330016(1)(H), substituted ''fined under

this title'' for ''fined not more than $1,000'' after ''he shall

be''.

1990 - Pub. L. 101-647 inserted '', including any branch or

agency of a foreign bank (as such terms are defined in paragraphs

(1) and (3) of section 1(b) of the International Banking Act of

1978),'' after ''or deposits in any bank''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 649 of this title; title 8

section 1363a; title 19 section 2081; title 26 section 7608.

-CITE-

18 USC Sec. 649 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 31 - EMBEZZLEMENT AND THEFT

-HEAD-

Sec. 649. Custodians failing to deposit moneys; persons affected

-STATUTE-

(a) Whoever, having money of the United States in his possession

or under his control, fails to deposit it with the Treasurer or

some public depositary of the United States, when required so to do

by the Secretary of the Treasury or the head of any other proper

department or agency or by the General Accounting Office, is guilty

of embezzlement, and shall be fined under this title or in a sum

equal to the amount of money embezzled, whichever is greater, or

imprisoned not more than ten years, or both; but if the amount

embezzled is $1,000 or less, he shall be fined under this title or

imprisoned not more than one year, or both.

(b) This section and sections 643, 648, 650 and 653 of this title

shall apply to all persons charged with the safe-keeping, transfer,

or disbursement of the public money, whether such persons be

charged as receivers or depositaries of the same.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 727; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(H), (2)(G), Sept. 13, 1994, 108 Stat. 2147,

2148; Pub. L. 104-294, title VI, Sec. 606(a), Oct. 11, 1996, 110

Stat. 3511.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 177, 178 (Mar. 4, 1909,

ch. 321, Sec. 91, 92, 35 Stat. 1105; May 29, 1920, ch. 214, Sec. 1,

41 Stat. 654; June 10, 1921, ch. 18, Sec. 304, 42 Stat. 24).

Sections were consolidated.

Words ''or agency'' were inserted after ''department''. See

definition of ''agency'' in section 6 of this title.

Mandatory punishment provisions made in alternative.

The smaller punishment for an offense involving $100 or less was

inserted. (See reviser's notes under sections 641, 645 of this

title.)

Minor changes were made in phraseology.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-294 substituted ''$1,000'' for

''$100''.

1994 - Subsec. (a). Pub. L. 103-322, Sec. 330016(2)(G),

substituted ''shall be fined under this title or in a sum equal to

the amount of money embezzled, whichever is greater, or

imprisoned'' for ''shall be fined in a sum equal to the amount of

money embezzled or imprisoned''.

Pub. L. 103-322, Sec. 330016(1)(H), substituted ''fined under

this title'' for ''fined not more than $1,000'' after ''he shall

be''.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all officers of Department of the Treasury, and

functions of all agencies and employees of such Department,

transferred, with certain exceptions, to Secretary of the Treasury,

with power vested in him to authorize their performance or

performance of any of his functions, by any of such officers,

agencies, and employees, by Reorg. Plan No. 26 of 1950, Sec. 1, 2,

eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in

the Appendix to Title 5, Government Organization and Employees. The

Treasurer of the United States, referred to in this section, is an

officer of Department of the Treasury.

-CITE-

18 USC Sec. 650 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 31 - EMBEZZLEMENT AND THEFT

-HEAD-

Sec. 650. Depositaries failing to safeguard deposits

-STATUTE-

If the Treasurer of the United States or any public depositary

fails to keep safely all moneys deposited by any disbursing officer

or disbursing agent, as well as all moneys deposited by any

receiver, collector, or other person having money of the United

States, he is guilty of embezzlement, and shall be fined under this

title or in a sum equal to the amount of money so embezzled,

whichever is greater, or imprisoned not more than ten years, or

both; but if the amount embezzled does not exceed $1,000, he shall

be fined under this title or imprisoned not more than one year, or

both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 727; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(H), (2)(G), Sept. 13, 1994, 108 Stat. 2147,

2148; Pub. L. 104-294, title VI, Sec. 606(a), Oct. 11, 1996, 110

Stat. 3511.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 174, (Mar. 4, 1909, ch.

321, Sec. 88, 35 Stat. 1105; May 29, 1920, ch. 214, Sec. 1, 41

Stat. 654.)

Mandatory punishment provisions stated in alternative.

The smaller punishment for offenses involving $100 or less was

added. (See reviser's note under sections 641, 645 of this title.)

Minor changes were made in phraseology.

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''$1,000'' for ''$100''.

1994 - Pub. L. 103-322, Sec. 330016(2)(G), substituted ''shall be

fined under this title or in a sum equal to the amount of money so

embezzled, whichever is greater, or imprisoned'' for ''shall be

fined in a sum equal to the amount of money so embezzled or

imprisoned''.

Pub. L. 103-322, Sec. 330016(1)(H), substituted ''fined under

this title'' for ''fined not more than $1,000'' after ''he shall

be''.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all officers of Department of the Treasury, and

functions of all agencies and employees of such Department,

transferred, with certain exceptions, to Secretary of the Treasury,

with power vested in him to authorize their performance or

performance of any of his functions, by any of such officers,

agencies, and employees, by Reorg. Plan No. 26 of 1950, Sec. 1, 2,

eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in

the Appendix to Title 5, Government Organization and Employees. The

Treasurer of the United States, referred to in this section, is an

officer of Department of the Treasury.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 649 of this title.

-CITE-

18 USC Sec. 651 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 31 - EMBEZZLEMENT AND THEFT

-HEAD-

Sec. 651. Disbursing officer falsely certifying full payment

-STATUTE-

Whoever, being an officer charged with the disbursement of the

public moneys, accepts, receives, or transmits to the General

Accounting Office to be allowed in his favor any receipt or voucher

from a creditor of the United States without having paid the full

amount specified therein to such creditor in such funds as the

officer received for disbursement, or in such funds as he may be

authorized by law to take in exchange, shall be fined under this

title or in double the amount so withheld, whichever is greater, or

imprisoned not more than two years, or both; but if the amount

withheld does not exceed $1,000, he shall be fined under this title

or imprisoned not more than one year, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 727; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(H), (2)(G), Sept. 13, 1994, 108 Stat. 2147,

2148; Pub. L. 104-294, title VI, Sec. 606(a), Oct. 11, 1996, 110

Stat. 3511.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 181 (Mar. 4, 1909, ch.

321, Sec. 95, 35 Stat. 1106; June 10, 1921, ch. 18, Sec. 304, 42

Stat. 24).

The penalty provided by section 652 of this title, a similar

section, was incorporated in this section.

(For explanation of the smaller penalty for an offense involving

$100 or less, see reviser's notes under sections 641 and 645 of

this title.)

Minor changes were made in phraseology.

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''$1,000'' for ''$100''.

1994 - Pub. L. 103-322, Sec. 330016(2)(G), substituted ''shall be

fined under this title or in double the amount so withheld,

whichever is greater, or imprisoned'' for ''shall be fined in

double the amount so withheld or imprisoned''.

Pub. L. 103-322, Sec. 330016(1)(H), substituted ''fined under

this title'' for ''fined not more than $1,000'' after ''he shall

be''.

-CITE-

18 USC Sec. 652 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 31 - EMBEZZLEMENT AND THEFT

-HEAD-

Sec. 652. Disbursing officer paying lesser in lieu of lawful amount

-STATUTE-

Whoever, being an officer, clerk, agent, employee, or other

person charged with the payment of any appropriation made by

Congress, pays to any clerk or other employee of the United States,

or of any department or agency thereof, a sum less than that

provided by law, and requires such employee to receipt or give a

voucher for an amount greater than that actually paid to and

received by him, is guilty of embezzlement, and shall be fined

under this title or in double the amount so withheld, whichever is

greater, or imprisoned not more than two years, or both; but if the

amount embezzled is $1,000 or less, he shall be fined under this

title or imprisoned not more than one year, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 727; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(H), (2)(G), Sept. 13, 1994, 108 Stat. 2147,

2148; Pub. L. 104-294, title VI, Sec. 606(a), Oct. 11, 1996, 110

Stat. 3511.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 172 (Mar. 4, 1909, ch.

321, Sec. 86, 35 Stat. 1105).

Words ''or of any department or agency thereof,'' were inserted

after ''United States'' so as to eliminate any possible ambiguity

as to scope of section. (See definitive section 6 of this title.)

Mandatory punishment provision made in alternative.

The smaller punishment for an offense involving $100 or less was

added. (See reviser's note under sections 641, 645 of this title.)

Minor changes were made in phraseology.

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''$1,000'' for ''$100''.

1994 - Pub. L. 103-322, Sec. 330016(2)(G), substituted ''shall be

fined under this title or in double the amount so withheld,

whichever is greater, or imprisoned'' for ''shall be fined in

double the amount so withheld or imprisoned''.

Pub. L. 103-322, Sec. 330016(1)(H), substituted ''fined under

this title'' for ''fined not more than $1,000'' after ''he shall

be''.

-CITE-

18 USC Sec. 653 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 31 - EMBEZZLEMENT AND THEFT

-HEAD-

Sec. 653. Disbursing officer misusing public funds

-STATUTE-

Whoever, being a disbursing officer of the United States, or any

department or agency thereof, or a person acting as such, in any

manner converts to his own use, or loans with or without interest,

or deposits in any place or in any manner, except as authorized by

law, any public money intrusted to him; or, for any purpose not

prescribed by law, withdraws from the Treasury or any authorized

depositary, or transfers, or applies, any portion of the public

money intrusted to him, is guilty of embezzlement of the money so

converted, loaned, deposited, withdrawn, transferred, or applied,

and shall be fined under this title or not more than the amount

embezzled, whichever is greater, or imprisoned not more than ten

years, or both; but if the amount embezzled is $1,000 or less, he

shall be fined under this title or imprisoned not more than one

year, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 728; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(H), (2)(G), Sept. 13, 1994, 108 Stat. 2147,

2148; Pub. L. 104-294, title VI, Sec. 606(a), Oct. 11, 1996, 110

Stat. 3511.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 173 (Mar. 4, 1909, ch.

321, Sec. 87, 35 Stat. 1105; May 29, 1920, ch. 214, Sec. 1, 41

Stat. 654).

Words ''or any department or agency thereof,'' were inserted

after ''United States'' so as to eliminate any possible ambiguity

as to scope of section. (See definitive section 6 of this title.)

The smaller punishment for an offense involving $100 or less was

added. (See reviser's note under sections 641, 645 of this title.)

Minor changes were made in phraseology.

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''$1,000'' for ''$100''.

1994 - Pub. L. 103-322, Sec. 330016(2)(G), substituted ''shall be

fined under this title or not more than the amount embezzled,

whichever is greater, or imprisoned'' for ''shall be fined not more

than the amount embezzled or imprisoned''.

Pub. L. 103-322, Sec. 330016(1)(H), substituted ''fined under

this title'' for ''fined not more than $1,000'' after ''he shall

be''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 649 of this title.

-CITE-

18 USC Sec. 654 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 31 - EMBEZZLEMENT AND THEFT

-HEAD-

Sec. 654. Officer or employee of United States converting property

of another

-STATUTE-

Whoever, being an officer or employee of the United States or of

any department or agency thereof, embezzles or wrongfully converts

to his own use the money or property of another which comes into

his possession or under his control in the execution of such office

or employment, or under color or claim of authority as such officer

or employee, shall be fined under this title or not more than the

value of the money and property thus embezzled or converted,

whichever is greater, or imprisoned not more than ten years, or

both; but if the sum embezzled is $1,000 or less, he shall be fined

under this title or imprisoned not more than one year, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 728; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(H), (2)(H), Sept. 13, 1994, 108 Stat. 2147,

2148; Pub. L. 104-294, title VI, Sec. 606(a), Oct. 11, 1996, 110

Stat. 3511.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 183 (Mar. 4, 1909, ch.

321, Sec. 97, 35 Stat. 1106).

The phrase ''Whoever being an officer or agent of the United

States or of any department or agency thereof,'' was substituted

for the words ''Any officer connected with, or employed in the

Internal Revenue Service of the United States * * * And any officer

of the United States, or any assistant of such officer,'' in order

to clarify scope of section. (See definitive section 6 and

reviser's note thereunder.)

The embezzlement of Government money or property is adequately

covered by section 641 of this title.

The smaller punishment for an offense involving $100 or less was

added. (See reviser's notes under sections 641 and 645 of this

title.)

Minor changes were made in phraseology.

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''$1,000'' for ''$100''.

1994 - Pub. L. 103-322, Sec. 330016(2)(H), substituted ''shall be

fined under this title or not more than the value of the money and

property thus embezzled or converted, whichever is greater, or

imprisoned'' for ''shall be fined not more than the value of the

money and property thus embezzled or converted, or imprisoned''.

Pub. L. 103-322, Sec. 330016(1)(H), substituted ''fined under

this title'' for ''fined not more than $1,000'' after ''he shall

be''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 sections 3374, 3704.

-CITE-

18 USC Sec. 655 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 31 - EMBEZZLEMENT AND THEFT

-HEAD-

Sec. 655. Theft by bank examiner

-STATUTE-

Whoever, being a bank examiner or assistant examiner, steals, or

unlawfully takes, or unlawfully conceals any money, note, draft,

bond, or security or any other property of value in the possession

of any bank or banking institution which is a member of the Federal

Reserve System, which is insured by the Federal Deposit Insurance

Corporation, which is a branch or agency of a foreign bank (as such

terms are defined in paragraphs (1) and (3) of section 1(b) of the

International Banking Act of 1978), or which is an organization

operating under section 25 or section 25(a) (FOOTNOTE 1) of the

Federal Reserve Act, or from any safe deposit box in or adjacent to

the premises of such bank, branch, agency, or organization, shall

be fined under this title or imprisoned not more than five years,

or both; but if the amount taken or concealed does not exceed

$1,000, he shall be fined under this title or imprisoned not more

than one year, or both; and shall be disqualified from holding

office as a national bank examiner or Federal Deposit Insurance

Corporation examiner.

(FOOTNOTE 1) See References in Text note below.

This section shall apply to all public examiners and assistant

examiners who examine member banks of the Federal Reserve System,

banks the deposits of which are insured by the Federal Deposit

Insurance Corporation, branches or agencies of foreign banks (as

such terms are defined in paragraphs (1) and (3) of section 1(b) of

the International Banking Act of 1978), or organizations operating

under section 25 or section 25(a) (FOOTNOTE 1) of the Federal

Reserve Act, whether appointed by the Comptroller of the Currency,

by the Board of Governors of the Federal Reserve System, by a

Federal Reserve Agent, by a Federal Reserve bank, or by the Federal

Deposit Insurance Corporation, or appointed or elected under the

laws of any State; but shall not apply to private examiners or

assistant examiners employed only by a clearing-house association

or by the directors of a bank.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 728; Pub. L. 101-647, title XXV,

Sec. 2597(e), Nov. 29, 1990, 104 Stat. 4909; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(H), (K), Sept. 13, 1994, 108 Stat. 2147;

Pub. L. 104-294, title VI, Sec. 606(a), Oct. 11, 1996, 110 Stat.

3511.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 593 of title 12, U.S.C., 1940 ed., Banks and

Banking (Dec. 23, 1913, ch. 6, Sec. 22, 38 Stat. 272; Sept. 26,

1918, ch. 177, Sec. 5, 40 Stat. 970; Feb. 25, 1927, ch. 191, Sec.

15, 44 Stat. 1232; Aug. 23, 1935, ch. 614, Sec. 326(a), 49 Stat.

715).

Other provisions of section 593 of title 12, U.S.C. 1940 ed.,

Banks and Banking, are incorporated in sections 217 and 218 of this

title.

The words ''and shall upon conviction thereof'' were omitted as

unnecessary, since punishment cannot be imposed until a conviction

is secured.

The phrase ''bank or banking institution which is a member of the

Federal Reserve System or which is insured by the Federal Deposit

Insurance Corporation'' was substituted for ''member bank or

insured bank'' to avoid the use of a definitive section based on

sections 221a, 264(e)(8), and 588a of title 12, U.S.C., 1940 ed.,

Banks and Banking. Words ''banks the deposits of which are insured

by the Federal Deposit Insurance Corporation'' were substituted for

''insured banks'' in second paragraph, for the same reason.

Punishment provision harmonized with that of section 656 of this

title. (See also, reviser's notes under sections 641 and 645 of

this title.)

Changes in phraseology were also made.

-REFTEXT-

REFERENCES IN TEXT

Section 1(b) of the International Banking Act of 1978, referred

to in text, is classified to section 3101 of Title 12, Banks and

Banking.

Section 25 of the Federal Reserve Act, referred to in text, is

classified to subchapter I (Sec. 601 et seq.) of chapter 6 of Title

12. Section 25(a) of the Federal Reserve Act, which is classified

to subchapter II (Sec. 611 et seq.) of chapter 6 of Title 12, was

renumbered section 25A of that act by Pub. L. 102-242, title I,

Sec. 142(e)(2), Dec. 19, 1991, 105 Stat. 2281.

-MISC2-

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''$1,000'' for ''$100'' in

first par.

1994 - Pub. L. 103-322, in first par., substituted ''fined under

this title'' for ''fined not more than $5,000'' after

''organization, shall be'' and for ''fined not more than $1,000''

after ''he shall be''.

1990 - Pub. L. 101-647, in first par., substituted ''System,

which is insured'' for ''System or which is insured'', inserted

''which is a branch or agency of a foreign bank (as such terms are

defined in paragraphs (1) and (3) of section 1(b) of the

International Banking Act of 1978), or which is an organization

operating under section 25 or section 25(a) of the Federal Reserve

Act,'' after ''Federal Deposit Insurance Corporation,'' and

''branch, agency, or organization,'' after ''premises of such

bank,'' and in second par. substituted ''System, banks the deposits

of which'' for ''System or banks the deposits of which'', and

inserted ''branches or agencies of foreign banks (as such terms are

defined in paragraphs (1) and (3) of section 1(b) of the

International Banking Act of 1978), or organizations operating

under section 25 or section 25(a) of the Federal Reserve Act,''

after ''Federal Deposit Insurance Corporation,''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 12 section 503.

-CITE-

18 USC Sec. 656 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 31 - EMBEZZLEMENT AND THEFT

-HEAD-

Sec. 656. Theft, embezzlement, or misapplication by bank officer or

employee

-STATUTE-

Whoever, being an officer, director, agent or employee of, or

connected in any capacity with any Federal Reserve bank, member

bank, depository institution holding company, national bank,

insured bank, branch or agency of a foreign bank, or organization

operating under section 25 or section 25(a) (FOOTNOTE 1) of the

Federal Reserve Act, or a receiver of a national bank, insured

bank, branch, agency, or organization or any agent or employee of

the receiver, or a Federal Reserve Agent, or an agent or employee

of a Federal Reserve Agent or of the Board of Governors of the

Federal Reserve System, embezzles, abstracts, purloins or willfully

misapplies any of the moneys, funds or credits of such bank,

branch, agency, or organization or holding company or any moneys,

funds, assets or securities intrusted to the custody or care of

such bank, branch, agency, or organization, or holding company or

to the custody or care of any such agent, officer, director,

employee or receiver, shall be fined not more than $1,000,000 or

imprisoned not more than 30 years, or both; but if the amount

embezzled, abstracted, purloined or misapplied does not exceed

$1,000, he shall be fined under this title or imprisoned not more

than one year, or both.

(FOOTNOTE 1) See References in Text note below.

As used in this section, the term ''national bank'' is synonymous

with ''national banking association''; ''member bank'' means and

includes any national bank, state bank, or bank and trust company

which has become a member of one of the Federal Reserve banks;

''insured bank'' includes any bank, banking association, trust

company, savings bank, or other banking institution, the deposits

of which are insured by the Federal Deposit Insurance Corporation;

and the term ''branch or agency of a foreign bank'' means a branch

or agency described in section 20(9) of this title. For purposes

of this section, the term ''depository institution holding

company'' has the meaning given such term in section 3 of the

Federal Deposit Insurance Act.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 729; Pub. L. 101-73, title IX,

Sec. 961(b), Aug. 9, 1989, 103 Stat. 499; Pub. L. 101-647, title

XXV, Sec. 2504(b), 2595(a)(1), 2597(f), Nov. 29, 1990, 104 Stat.

4861, 4906, 4909; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H),

Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104-294, title VI, Sec.

601(f)(1), 606(a), Oct. 11, 1996, 110 Stat. 3499, 3511.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on sections 592, 597 of title 12, U.S.C., 1940 ed., Banks

and Banking (R.S. 5209; Dec. 23, 1913, ch. 6, Sec. 22(i), as added

June 19, 1934, ch. 653, Sec. 3, 48 Stat. 1107; Sept. 26, 1918, ch.

177, Sec. 7, 40 Stat. 972; Aug. 23, 1935, ch. 614, Sec. 316, 49

Stat. 712).

Section 592 of title 12, U.S.C., 1940 ed., Banks and Banking, was

separated into three sections the first of which, embracing

provisions relating to embezzlement, abstracting, purloining, or

willfully misapplying moneys, funds, or credits, constitutes part

of the basis for this section. Of the other two sections, one

section, 334 of this title, relates only to the issuance and

circulation of Federal Reserve notes and the other, section 1005 of

this title, to false entries or the wrongful issue of bank

obligations.

The original section, containing more than 500 words, was

verbose, diffuse, redundant, and complicated. The enumeration of

banks affected is repeated eight times. The revised section

without changing in any way the meaning or substance of existing

law, clarifies, condenses, and combines related provisions largely

rewritten in matters of style.

The words ''national bank'' were substituted for ''national

banking association,'' the terms being synonymous by definition of

section 221 of title 12, U.S.C., 1940 ed., Banks and Banking,

written into the last paragraph of this section. This change made

possible the use of the term ''such bank'' in substitution for the

words ''such Federal Reserve bank, member bank, or such national

banking association, or insured bank,'' in each of seven instances.

The special and separate provisions of the original section

relating to embezzlement by national bank receivers or Federal

Reserve agents are readily combined in the revised section by

including these officers in the initial enumeration of persons at

whom the act is directed and by inserting the word ''purloins''

after ''embezzles, abstracts,'' and the phrase ''or any moneys,

funds, assets, or securities intrusted to the custody or care,''

following the words ''of such bank''.

The last paragraph of the revised section includes the

definitions of sections 221 and 264(c) of title 12, U.S.C., 1940

ed., Banks and Banking, made applicable by express provision of the

original section. These were written in, with only such changes of

phraseology as were necessary, in order to make the revised section

complete and self-contained. For meaning of ''bank,'' as used in

bank robbery statute, see section 2113 of this title.

Section 597 of title 12, U.S.C., 1940 ed., Banks and Banking,

likewise was separated into two parts, one of which was combined

with the embezzlement provisions of said section 592 to form this

section. The other part was combined with the related provisions

of said section 592 to form section 1005 of this title.

It will be noted that section 597 of title 12, U.S.C., 1940 ed.,

Banks and Banking, was limited to ''Whoever, being connected in any

capacity with a Federal Reserve bank''; that it enumerated ''note,

debenture, bond, or other obligation, or draft, mortgage, judgment,

or decree''; and that it stipulated punishment by fine of not more

than $10,000 or imprisonment of not more than 5 years, or both.

In combining these provisions, the words ''or connected in any

capacity'' were written into the new section after the words

''employee of,'' thus making them applicable not only to Federal

Reserve banks but to the other banks as well. The phrase of

section 592 of title 12, U.S.C., 1940 ed., Banks and Banking, ''or

who, without such authority, issues or puts forth any certificate

of deposit, draws any order or bill of exchange, makes any

acceptance, assigns any note, bond, draft, bill of exchange,

mortgage, judgment, or decree,'' was modified to include the

enumeration of like obligations in section 597 of title 12, U.S.C.,

1940 ed., Banks and Banking, and to read as follows: ''whoever

without such authority makes, draws, issues, puts forth, or assigns

any certificate of deposit, draft, order, bill of exchange,

acceptance, note, debenture, bond, or other obligation or mortgage,

judgment, or decree''. (See section 1005 of this title.)

As thus changed the new section is clear, simple, and

unambiguous. The very slight changes of substance that have been

noted, were unavoidable if the two sections were to be combined.

Without combination any constructive revision of these duplicitous

and redundant provisions was impossible. It is believed that the

revised sections adequately and correctly represent the intent of

Congress as the same can be gathered from the overlapping and

confusing enactments. At any rate, the severest criticism of the

revised sections is that a person connected with a Federal Reserve

bank who violates these sections can at most be punished by a fine

of $5,000 or imprisonment of 5 years, or both, whereas under

section 597 of title 12, U.S.C., 1940 ed., Banks and Banking, he

might have been fined $10,000 or imprisoned 5 years, or both.

Obviously an embezzler will rarely be financially able to pay even

a $5,000 fine even where such fine is imposed. Certainly if it is

an adequate fine for a national bank president it is not too

disproportionate for a person ''connected in any capacity with a

Federal Reserve bank''.

The smaller punishment for an offense involving $100 or less was

added. (See reviser's notes under sections 641, 645 of this title.)

The words ''shall be deemed guilty of a misdemeanor'' were

omitted as unnecessary in view of definitive section 1 of this

title.

The words ''upon conviction thereof'' were omitted as

unnecessary, since punishment cannot be imposed without conviction.

Words ''In any district court of the United States'' were omitted

as unnecessary since section 3231 of this title gives the district

courts jurisdiction of criminal prosecution.

SENATE REVISION AMENDMENT

Certain words were stricken from the section as being unnecessary

and inconsistent with other sections of this revision defining

embezzlement and without changing existing law. See Senate Report

No. 1620, amendment No. 6, 80th Cong.

-REFTEXT-

REFERENCES IN TEXT

Section 25 of the Federal Reserve Act, referred to in text, is

classified to subchapter I (Sec. 601 et seq.) of chapter 6 of Title

12, Banks and Banking. Section 25(a) of the Federal Reserve Act,

which is classified to subchapter II (Sec. 611 et seq.) of chapter

6 of Title 12, was renumbered section 25A of that act by Pub. L.

102-242, title I, Sec. 142(e)(2), Dec. 19, 1991, 105 Stat. 2281.

Section 3 of the Federal Deposit Insurance Act, referred to in

text, is classified to section 1813 of Title 12.

-MISC2-

AMENDMENTS

1996 - Pub. L. 104-294, in first par., substituted ''Federal

Reserve Act,'' for ''Federal Reserve Act,,'' and ''$1,000'' for

''$100''.

1994 - Pub. L. 103-322, in first par., substituted ''fined under

this title'' for ''fined not more than $1,000'' after ''he shall

be''.

1990 - Pub. L. 101-647, Sec. 2597(f)(1), in first par., directed

substitution of ''national bank, insured bank, branch or agency of

a foreign bank, or organization operating under section 25 or

section 25(a) of the Federal Reserve Act,'' for ''national bank, or

insured bank'' which was executed by making the substitution for

''national bank or insured bank'' to reflect the probable intent of

Congress, and inserted ''insured bank, branch, agency, or

organization'' after ''receiver of a national bank,'', '', branch,

agency, or organization'' after ''misapplies any of the moneys,

funds or credits of such bank'', and ''branch, agency, or

organization'' after ''custody or care of such bank,''.

Pub. L. 101-647, Sec. 2595(a)(1)(A), (B), in first par., inserted

''depository institution holding company,'' after ''Federal Reserve

Bank, member bank,'' and ''or holding company'' after ''such bank''

in two places.

Pub. L. 101-647, Sec. 2504(b), in first par., substituted ''30

years'' for ''20 years''.

Pub. L. 101-647, Sec. 2597(f)(2), in second par., struck out

''and'' after ''one of the Federal Reserve Banks;'' and directed

insertion of ''; and the term 'branch or agency of a foreign bank'

means a branch or agency described in section 20(9) of this title''

before the period which was executed by making the insertion before

the period at end of first sentence to reflect the probable intent

of Congress.

Pub. L. 101-647, Sec. 2595(a)(1)(C), in second par., inserted at

end ''For purposes of this section, the term 'depository

institution holding company' has the meaning given such term in

section 3 of the Federal Deposit Insurance Act.''

1989 - Pub. L. 101-73, in first par., substituted ''$1,000,000''

for ''$5,000'' and ''20 years'' for ''five years''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 225, 657, 981, 982, 1006,

1510, 1956, 3293, 3322 of this title; title 12 sections 324, 1785,

1786, 1821, 1828, 1829, 1831k, 1833a.

-CITE-

18 USC Sec. 657 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 31 - EMBEZZLEMENT AND THEFT

-HEAD-

Sec. 657. Lending, credit and insurance institutions

-STATUTE-

Whoever, being an officer, agent or employee of or connected in

any capacity with the Federal Deposit Insurance Corporation,

National Credit Union Administration, Office of Thrift Supervision,

the Resolution Trust Corporation, any Federal home loan bank, the

Federal Housing Finance Board, Farm Credit Administration,

Department of Housing and Urban Development, Federal Crop Insurance

Corporation, the Secretary of Agriculture acting through the

Farmers Home Administration or successor agency, the Rural

Development Administration or successor agency, or the Farm Credit

System Insurance Corporation, a Farm Credit Bank, a bank for

cooperatives or any lending, mortgage, insurance, credit or savings

and loan corporation or association authorized or acting under the

laws of the United States or any institution, other than an insured

bank (as defined in section 656), the accounts of which are insured

by the Federal Deposit Insurance Corporation, or by the National

Credit Union Administration Board or any small business investment

company, or any community development financial institution

receiving financial assistance under the Riegle Community

Development and Regulatory Improvement Act of 1994, and whoever,

being a receiver of any such institution, or agent or employee of

the receiver, embezzles, abstracts, purloins or willfully

misapplies any moneys, funds, credits, securities or other things

of value belonging to such institution, or pledged or otherwise

intrusted to its care, shall be fined not more than $1,000,000 or

imprisoned not more than 30 years, or both; but if the amount or

value embezzled, abstracted, purloined or misapplied does not

exceed $1,000, he shall be fined under this title or imprisoned not

more than one year, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 729; May 24, 1949, ch. 139, Sec.

11, 63 Stat. 90; July 28, 1956, ch. 773, Sec. 1, 70 Stat. 714; Pub.

L. 85-699, title VII, Sec. 703, Aug. 21, 1958, 72 Stat. 698; Pub.

L. 87-353, Sec. 3(q), Oct. 4, 1961, 75 Stat. 774; Pub. L. 90-19,

Sec. 24(a), May 25, 1967, 81 Stat. 27; Pub. L. 91-468, Sec. 4, Oct.

19, 1970, 84 Stat. 1016; Pub. L. 101-73, title IX, Sec. 961(c),

962(a)(7), (8)(A), Aug. 9, 1989, 103 Stat. 499, 502; Pub. L.

101-624, title XXIII, Sec. 2303(e), Nov. 28, 1990, 104 Stat. 3981;

Pub. L. 101-647, title XVI, Sec. 1603, title XXV, Sec. 2504(c),

2595(a)(2), Nov. 29, 1990, 104 Stat. 4843, 4861, 4907; Pub. L.

103-322, title XXXIII, Sec. 330004(6), 330016(1)(H), Sept. 13,

1994, 108 Stat. 2141, 2147; Pub. L. 103-325, title I, Sec. 119(c),

Sept. 23, 1994, 108 Stat. 2188; Pub. L. 104-294, title VI, Sec.

606(a), Oct. 11, 1996, 110 Stat. 3511; Pub. L. 106-78, title VII,

Sec. 767, Oct. 22, 1999, 113 Stat. 1174.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on sections 1026(b) and 1514(c) of title 7, U.S.C., 1940

ed., Agriculture, and sections 264(u), 984, 1121, 1138d(c), 1311,

1441(c), 1467(c), and 1731(c) of title 12, U.S.C., 1940 ed., Banks

and Banking, and section 616(c) of title 15, U.S.C., 1940 ed.,

Commerce and Trade (Dec. 23, 1913, ch. 6, Sec. 12B(u), as added

June 16, 1933, ch. 89, Sec. 8, 48 Stat. 178; July 17, 1916, ch.

245, Sec. 31, fourth paragraph, 39 Stat. 382; July 17, 1916, ch.

245, Sec. 211(a), as added Mar. 4, 1923, ch. 252, Sec. 2, 42 Stat.

1459; Mar. 4, 1923, ch. 252, title II, Sec. 216(a), 42 Stat. 1471;

Jan. 22, 1932, ch. 8, Sec. 16(c), 47 Stat. 11; July 22, 1932, ch.

522, Sec. 21(c), 47 Stat. 738; Mar. 27, 1933, Ex. Ord. No. 6084;

June 13, 1933, ch. 64, Sec. 8(c), 48 Stat. 135; June 16, 1933, ch.

98, Sec. 64(c), 48 Stat. 268; Jan. 31, 1934, ch. 7, Sec. 13, 48

Stat. 347; June 27, 1934, ch. 847, Sec. 512(c), 48 Stat. 1265; Aug.

23, 1935, ch. 614, Sec. 101, 49 Stat. 701; July 22, 1937, ch. 517,

title IV, Sec. 52(b), 50 Stat. 532; Feb. 16, 1938, ch. 30, title V,

Sec. 514(c), 52 Stat. 76; Aug. 14, 1946, ch. 964, Sec. 3, 60 Stat.

1064).

Each of the eleven sections from which this section was derived

contained similar provisions relating to embezzlement, false

entries, and fraudulent issuance or assignment of obligations with

respect to one or more named agencies or corporations.

These were separated and the embezzlement and misapplication

provisions of all form the basis of this section, and with one

exception the remaining provisions of each section forming the

basis for section 1006 of this title. The sole exception was that

portion of said section 616(c) of title 15 as to the disclosure of

information which now forms section 1904 of this title.

The revised section condenses and simplifies the constituent

provisions without change of substance except as in this note

indicated.

The punishment in each section was the same except that in

section 1026(b) of title 7, U.S.C., 1940 ed., Agriculture, and

sections 984, 1121, and 1311 of title 12, U.S.C., 1940 ed., Banks

and Banking, the maximum fine was $5,000. The revised section

adopts the $5,000 maximum. (For same penalty covering similar

offense, see section 656 of this title.)

The smaller punishment for an offense involving $100 or less was

added. (See reviser's notes to sections 641-645 of this title.)

The enumeration of ''moneys, funds, credits, securities, or other

things of value'' does not occur in any one of the original

sections but is an adequate, composite enumeration of the

instruments mentioned in each.

References to persons aiding and abetting contained in sections

984, 1121, 1311 of title 12, U.S.C., 1940 ed., Banks and Banking,

were omitted as unnecessary, such persons being made principals by

section 2 of this title.

The term ''receiver'' is used in sections 1121 and 1311 of title

12, U.S.C., 1940 ed., Banks and Banking, with reference to Federal

intermediate banks and agricultural credit corporations, and is

undoubtedly embraced in the term ''connected in any capacity

with,'' but the phrase ''and whoever, being a receiver of any such

institution'' was inserted in this section to obviate all doubt as

to its comprehensive scope.

The suggestion has been made that ''private examiners'' should be

included. These undoubtedly are covered by the words ''connected

in any capacity with.'' (See also section 655 of this title.)

The term ''or any department or agency of the United States'' was

inserted in each revised section in order to clarify the sweeping

provisions against fraudulent acts and to obviate any possibility

of ambiguity by reason of the omission of specific agencies named

in the constituent sections. (See section 6 of this title defining

''department and agency.'' For other verbal changes and deletions

see reviser's note under section 656 of this title.)

SENATE REVISION AMENDMENT

Certain words were stricken from the section as being unnecessary

and inconsistent with other sections of this revision defining

embezzlement and without changing existing law. See Senate Report

No. 1620, amendment No. 7, 80th Cong.

1949 ACT

(Section 11) conforms section 657 of title 18, U.S.C., to

administrative practice which in turn was modified to comply with

congressional policy ''not to use the Farmers Home Corporation to

carry out the functions and duties provided for in H.R. 5991

(Farmers Home Administration Act of 1946) but to vest the authority

in the Secretary of Agriculture to be administered through the

Farmers Home Administration as an agency of the Department of

Agriculture'' (H. Rept. No. 2683, to accompany H.R. 5991, 79th

Cong., 2d sess.).

-REFTEXT-

REFERENCES IN TEXT

The Riegle Community Development and Regulatory Improvement Act

of 1994, referred to in text, is Pub. L. 103-325, Sept. 23, 1994,

108 Stat. 2160. For complete classification of this Act to the

Code, see Short Title note set out under section 4701 of Title 12,

Banks and Banking, and Tables.

-MISC2-

AMENDMENTS

1999 - Pub. L. 106-78 inserted ''or successor agency'' after

''Farmers Home Administration'' and after ''Rural Development

Administration''.

1996 - Pub. L. 104-294 substituted ''$1,000'' for ''$100''.

1994 - Pub. L. 103-325 inserted ''or any community development

financial institution receiving financial assistance under the

Riegle Community Development and Regulatory Improvement Act of

1994,'' after ''small business investment company,''.

Pub. L. 103-322 struck out ''Reconstruction Finance

Corporation,'' before ''Federal Deposit Insurance Corporation'' and

''Farmers' Home Corporation,'' before ''the Secretary of

Agriculture'', and substituted ''under this title'' for ''not more

than $1,000'' before ''or imprisoned not more than one year, or

both''.

1990 - Pub. L. 101-647, Sec. 2595(a)(2), substituted ''Office of

Thrift Supervision, the Resolution Trust Corporation, any Federal

home loan bank, the Federal Housing Finance Board,'' for ''Home

Owners' Loan Corporation,'', and directed substitution of

''institution, other than an insured bank (as defined in section

656), the accounts of which are insured by the Federal Deposit

Insurance Corporation'' for ''institution the accounts of which are

insured by the Federal Savings and Loan Insurance Corporation''

which was executed by making the substitution for ''institution the

accounts of which are insured by the Federal Deposit Insurance

Corporation'' to reflect the probable intent of Congress and the

intervening amendment by Pub. L. 101-647, Sec. 1603, see below.

Pub. L. 101-647, Sec. 2504(c), substituted ''30'' for ''20''

before ''years''.

Pub. L. 101-647, Sec. 1603, substituted ''the Federal Deposit

Insurance Corporation'' for ''the Federal Savings and Loan

Insurance Corporation''.

Pub. L. 101-624 substituted ''Farmers Home Administration, the

Rural Development Administration'' for ''Farmers' Home

Administration''.

1989 - Pub. L. 101-73, Sec. 962(a)(8)(A), substituted ''the Farm

Credit System Insurance Corporation, a Farm Credit Bank, a'' for

''any land bank, intermediate credit bank,''.

Pub. L. 101-73, Sec. 962(a)(7), substituted ''National Credit

Union Administration Board'' for ''Administrator of the National

Credit Union Administration''.

Pub. L. 101-73, Sec. 961(c), substituted ''$1,000,000'' for

''$5,000'' and ''20 years'' for ''five years''.

1970 - Pub. L. 91-468 inserted reference to National Credit Union

Administration and its Administrator.

1967 - Pub. L. 90-19 substituted ''Department of Housing and

Urban Development'' for ''Federal Housing Administration''.

1961 - Pub. L. 87-353 struck out reference to Federal Farm

Mortgage Corporation.

1958 - Pub. L. 85-699 inserted reference to any small business

investment company.

1956 - Act July 28, 1956, inserted reference to any institution

the accounts of which are insured by the Federal Savings and Loan

Insurance Corporation.

1949 - Act May 24, 1949, inserted reference to Secretary of

Agriculture acting through the Farmers' Home Administration.

-TRANS-

EXCEPTIONS FROM TRANSFER OF FUNCTIONS

Functions of corporations of Department of Agriculture; boards of

directors and officers of such corporations; Advisory Board of

Commodity Credit Corporation; and Farm Credit Administration or any

agency, officer, or entity of, under, or subject to supervision of

said Administration excepted from functions of officers, agencies,

and employees transferred to Secretary of Agriculture by Reorg.

Plan No. 2 of 1953, Sec. 1, eff. June 4, 1953, 18 F.R. 3219, 67

Stat. 633, set out in the Appendix to Title 5, Government

Organization and Employees.

NATIONAL CREDIT UNION ADMINISTRATION

Establishment as independent agency, membership etc., see section

1752 et seq. of Title 12, Banks and Banking.

FARM CREDIT ADMINISTRATION

Establishment of Farm Credit Administration as independent

agency, and other changes in status, functions, etc., see Ex. Ord.

No. 6084 set out preceding section 2241 of Title 12, Banks and

Banking. See also section 2001 et seq. of Title 12.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 225, 981, 982, 1510,

1956, 3056, 3293, 3322 of this title; title 12 sections 1785, 1786,

1787, 1821, 1828, 1829, 1831k, 1833a, 2277a-10b.

-CITE-

18 USC Sec. 658 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 31 - EMBEZZLEMENT AND THEFT

-HEAD-

Sec. 658. Property mortgaged or pledged to farm credit agencies

-STATUTE-

Whoever, with intent to defraud, knowingly conceals, removes,

disposes of, or converts to his own use or to that of another, any

property mortgaged or pledged to, or held by, the Farm Credit

Administration, any Federal intermediate credit bank, or the

Federal Crop Insurance Corporation, the Secretary of Agriculture

acting through the Farmers Home Administration or successor agency,

the Rural Development Administration or successor agency, any

production credit association organized under sections 1131-1134m

of Title 12, any regional agricultural credit corporation, or any

bank for cooperatives, shall be fined under this title or

imprisoned not more than five years, or both; but if the value of

such property does not exceed $1,000, he shall be fined under this

title or imprisoned not more than one year, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 729; May 24, 1949, ch. 139, Sec.

12, 63 Stat. 91; Oct. 31, 1951, ch. 655, Sec. 21, 65 Stat. 718;

July 26, 1956, ch. 741, title I, Sec. 109, 70 Stat. 667; Pub. L.

87-353, Sec. 3(r), Oct. 4, 1961, 75 Stat. 774; Pub. L. 101-624,

title XXIII, Sec. 2303(e), Nov. 28, 1990, 104 Stat. 3981; Pub. L.

103-322, title XXXIII, Sec. 330004(7), 330016(1)(H), (K), Sept. 13,

1994, 108 Stat. 2141, 2147; Pub. L. 104-294, title VI, Sec. 606(a),

Oct. 11, 1996, 110 Stat. 3511; Pub. L. 106-78, title VII, Sec. 767,

Oct. 22, 1999, 113 Stat. 1174.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on sections 1026(c) and 1514(d) of title 7, U.S.C., 1940

ed., Agriculture, and section 1138d(d) of title 12, U.S.C., 1940

ed., Banks and Banking (June 16, 1933, ch. 98, Sec. 64, 48 Stat.

269; Jan. 31, 1934, ch. 7, Sec. 13, 48 Stat. 347; July 22, 1937,

ch. 517, title IV, Sec. 52(c), 50 Stat. 532; Feb. 16, 1938, ch. 30,

title V, Sec. 514(d), 52 Stat. 76; Aug. 14, 1946, ch. 964, Sec. 3,

60 Stat. 1064).

To avoid reference to another section the words ''the Farm Credit

Administration, any Federal intermediate credit bank, the Federal

Farm Mortgage Corporation, Federal Crop Insurance Corporation,

Farmers' Home Corporation, or any production credit corporation or

corporation in which a production credit corporation holds stock,

any regional agricultural credit corporation, or any bank for

cooperatives'' were substituted for the words ''or any corporation

referred to in subsection (a) of this section.''

The punishment provision was completely rewritten. The $2,000

fine of section 1026(c) of title 7, U.S.C., 1940 ed., and the

2-year penalty of that section, section 1514(d) of title 7, U.S.C.,

1940 ed., and section 1138(d) of title 12, U.S.C., 1940 ed., were

incongruous in juxtaposition with other sections of this chapter

and were therefore increased to $5,000 and 5 years. (See sections

656 and 657 of this title.)

The smaller punishment for an offense involving $100 or less was

added. (See reviser's notes under sections 641 and 645 of this

title.)

Minor changes were made in phraseology.

1949 ACT

(Section 12) conforms section 658 of title 18 U.S.C., to

administrative practice which in turn was modified to comply with

congressional policy. (See note to sec. 11 (of 1949 Act, set out in

Legislative History note under section 657 of title 18)).

-REFTEXT-

REFERENCES IN TEXT

Section 1131 of Title 12, included within the reference to

sections 1131 to 1134m of Title 12, was repealed by Pub. L. 89-554,

Sec. 8(a), Sept. 6, 1966, 80 Stat. 648.

Sections 1131a, 1131c to 1131g, 1131g-2 to 1131i, 1134 to 1134m

of Title 12, included within the reference to sections 1131 to

1134m of Title 12, were repealed by Pub. L. 92-181, title V, Sec.

5.26(a), Dec. 10, 1971, 85 Stat. 624.

Sections 1131a-1 and 1131j of Title 12, included within the

reference to sections 1131 to 1134m of Title 12, are omitted from

the Code. Section 1131a-1 of Title 12, was from the Department of

Agriculture and Farm Credit Administration Appropriation Act, 1957,

and was not repeated in subsequent appropriation acts. Section

1131j was covered by former section 1131g-2 of Title 12, prior to

its repeal by Pub. L. 92-181, title V, Sec. 5.26(a), Dec. 10, 1971,

85 Stat. 624.

Sections 1131b and 1131g-1 of Title 12, included within the

reference to sections 1131 to 1134m of Title 12, were repealed by

act July 26, 1956, ch. 741, title 1, Sec. 105(c), (q), 70 Stat.

665, 666.

-MISC2-

AMENDMENTS

1999 - Pub. L. 106-78 inserted ''or successor agency'' after

''Farmers Home Administration'' and after ''Rural Development

Administration''.

1996 - Pub. L. 104-294 substituted ''$1,000'' for ''$100''.

1994 - Pub. L. 103-322, Sec. 330016(1)(H), (K), substituted

''fined under this title'' for ''fined not more than $5,000'' after

''cooperatives, shall be'' and for ''fined not more than $1,000''

after ''he shall be''.

Pub. L. 103-322, Sec. 330004(7), struck out ''Farmers' Home

Corporation,'' after ''Crop Insurance Corporation,''.

1990 - Pub. L. 101-624 substituted ''Farmers Home Administration,

the Rural Development Administration'' for ''Farmers' Home

Administration''.

1961 - Pub. L. 87-353 struck out reference to the Federal Farm

Mortgage Corporation.

1956 - Act July 26, 1956, struck out property of any production

credit association in which a Production Credit Corporation holds

stock.

1951 - Act Oct. 31, 1951, covered all production credit

associations instead of only those in which a Production Credit

Corporation holds stock.

1949 - Act May 24, 1949, made section applicable to the Secretary

of Agriculture acting through the Farmers' Home Administration.

EFFECTIVE DATE OF 1956 AMENDMENT

Amendment by act July 26, 1956, effective January 1, 1957, see

section 202(a) of act July 26, 1956.

-TRANS-

EXCEPTIONS FROM TRANSFER OF FUNCTIONS

Functions of Corporations of Department of Agriculture; boards of

directors and officers of such corporations; Advisory Board of

Commodity Credit Corporation; and Farm Credit Administration or any

agency, officer, or entity of, under, or subject to supervision of

said Administration excepted from functions of officers, agencies,

and employees transferred to Secretary of Agriculture by Reorg.

Plan No. 2 of 1953, Sec. 1, eff. June 4, 1953, 18 F.R. 3219, 67

Stat. 633, set out in the Appendix to Title 5, Government

Organization and Employees.

FARM CREDIT ADMINISTRATION

Establishment of Farm Credit Administration as independent

agency, and other changes in status, functions, etc., see Ex. Ord.

No. 6084 set out preceding section 2241 of Title 12, Banks and

Banking. See also section 2001 et seq. of Title 12.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1956 of this title.

-CITE-

18 USC Sec. 659 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 31 - EMBEZZLEMENT AND THEFT

-HEAD-

Sec. 659. Interstate or foreign shipments by carrier; State

prosecutions

-STATUTE-

Whoever embezzles, steals, or unlawfully takes, carries away, or

conceals, or by fraud or deception obtains from any pipeline

system, railroad car, wagon, motortruck, or other vehicle, or from

any tank or storage facility, station, station house, platform or

depot or from any steamboat, vessel, or wharf, or from any

aircraft, air terminal, airport, aircraft terminal or air

navigation facility with intent to convert to his own use any goods

or chattels moving as or which are a part of or which constitute an

interstate or foreign shipment of freight, express, or other

property; or

Whoever buys or receives or has in his possession any such goods

or chattels, knowing the same to have been embezzled or stolen; or

Whoever embezzles, steals, or unlawfully takes, carries away, or

by fraud or deception obtains with intent to convert to his own use

any baggage which shall have come into the possession of any common

carrier for transportation in interstate or foreign commerce or

breaks into, steals, takes, carries away, or conceals any of the

contents of such baggage, or buys, receives, or has in his

possession any such baggage or any article therefrom of whatever

nature, knowing the same to have been embezzled or stolen; or

Whoever embezzles, steals, or unlawfully takes by any fraudulent

device, scheme, or game, from any railroad car, bus, vehicle,

steamboat, vessel, or aircraft operated by any common carrier

moving in interstate or foreign commerce or from any passenger

thereon any money, baggage, goods, or chattels, or whoever buys,

receives, or has in his possession any such money, baggage, goods,

or chattels, knowing the same to have been embezzled or stolen -

Shall in each case be fined under this title or imprisoned not

more than ten years, or both; but if the amount or value of such

money, baggage, goods or chattels does not exceed $1,000, he shall

be fined under this title or imprisoned not more than one year, or

both.

The offense shall be deemed to have been committed not only in

the district where the violation first occurred, but also in any

district in which the defendant may have taken or been in

possession of the said money, baggage, goods, or chattels.

The carrying or transporting of any such money, freight, express,

baggage, goods, or chattels in interstate or foreign commerce,

knowing the same to have been stolen, shall constitute a separate

offense and subject the offender to the penalties under this

section for unlawful taking, and the offense shall be deemed to

have been committed in any district into which such money, freight,

express, baggage, goods, or chattels shall have been removed or

into which the same shall have been brought by such offender.

To establish the interstate or foreign commerce character of any

shipment in any prosecution under this section the waybill or other

shipping document of such shipment shall be prima facie evidence of

the place from which and to which such shipment was made. The

removal of property from a pipeline system which extends interstate

shall be prima facie evidence of the interstate character of the

shipment of the property.

A judgment of conviction or acquittal on the merits under the

laws of any State shall be a bar to any prosecution under this

section for the same act or acts. Nothing contained in this

section shall be construed as indicating an intent on the part of

Congress to occupy the field in which provisions of this section

operate to the exclusion of State laws on the same subject matter,

nor shall any provision of this section be construed as

invalidating any provision of State law unless such provision is

inconsistent with any of the purposes of this section or any

provision thereof.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 729; May 24, 1949, ch. 139, Sec.

13, 63 Stat. 91; Pub. L. 89-654, Sec. 1(a)-(d), Oct. 14, 1966, 80

Stat. 904; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), (K),

Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104-294, title VI, Sec.

606(a), Oct. 11, 1996, 110 Stat. 3511.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 18, U.S.C., 1940 ed., Sec. 409, 410, 411 (Feb. 13,

1913, ch. 50, Sec. 1, 2, 37 Stat. 670; Feb. 13, 1913, ch. 50, Sec.

3, as added Jan. 28, 1925, ch. 102, 43 Stat. 794; Jan. 28, 1925,

ch. 102, 43 Stat. 793, 794; Jan. 21, 1933, ch. 16, 47 Stat. 773,

774; July 24, 1946, ch. 606, 60 Stat. 656.)

This section consolidates sections 409, 410, and 411 of title 18,

U.S.C., 1940 ed. First clause of said section 409 was incorporated

in section 2117 of this title.

In the paragraph immediately preceding the last paragraph the

words ''and to which'' were added to obviate an inadvertent and

incongruous omission in the enactment of act July 24, 1946, ch.

606, Sec. 3, 60 Stat. 657. This is in harmony with corrective

legislation pending before the Eightieth Congress.

The definitions of ''station house'', ''depot'', ''wagon'',

''automobile'', ''truck'', or ''other vehicle'', contained in said

section 409 of title 18, are omitted as unnecessary.

The smaller punishment for an offense involving $100 or less was

added. (See reviser's notes under sections 641 and 645 of this

title.) This improvement was suggested by United States Attorney P.

F. Herrick, of Puerto Rico. (See reviser's note under section 641

of this title.)

Minor changes were made in phraseology.

1949 ACT

This section (section 13) inserts the word, ''embezzled''

preceding ''or stolen'' near the ends of the second and fourth

paragraphs of section 659 of title 18, U.S.C., to restore the

language of the original law from which such section was derived.

Also, for clarity, substitutes, ''whoever'' for ''who'' preceding

''buys'' in said fourth paragraph of section 659.

SENATE REVISION AMENDMENT

The ''corrective legislation'', referred to in this paragraph,

became Act April 16, 1947, ch. 39, 61 Stat. 52, and, as it amended

section 411 of title 18, U.S.C., such act was an additional source

of this section.

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''$1,000'' for ''$100'' in

fifth par.

1994 - Pub. L. 103-322, in fifth par., substituted ''fined under

this title'' for ''fined not more than $5,000'' after ''Shall in

each case be'' and for ''fined not more than $1,000'' after ''he

shall be''.

1966 - Pub. L. 89-654 substituted ''shipments by carrier'' for

''baggage, express, or freight'' in section catchline, inserted

''pipeline system'' and ''tank or storage facility'' and

substituted ''freight, express, or other property'' for ''freight

or express'' in par. 1, provided in par. 8 that the removal of

property from a pipeline system which extends interstate shall be

prima facie evidence of the interstate character of the shipment of

the property, and, in par. 9, prohibited any construction which

indicated an intent on the part of Congress to occupy the field to

the exclusion of State laws or to invalidate inconsistent State

provisions.

1949 - Act May 24, 1949, inserted ''embezzled or'' before

''stolen'' in second par., and substituted ''whoever'' for ''who''

before ''buys'' in fourth par.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1961, 2516 of this title.

-CITE-

18 USC Sec. 660 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 31 - EMBEZZLEMENT AND THEFT

-HEAD-

Sec. 660. Carrier's funds derived from commerce; State prosecutions

-STATUTE-

Whoever, being a president, director, officer, or manager of any

firm, association, or corporation engaged in commerce as a common

carrier, or whoever, being an employee of such common carrier

riding in or upon any railroad car, motortruck, steamboat, vessel,

aircraft or other vehicle of such carrier moving in interstate

commerce, embezzles, steals, abstracts, or willfully misapplies, or

willfully permits to be misapplied, any of the moneys, funds,

credits, securities, property, or assets of such firm, association,

or corporation arising or accruing from, or used in, such commerce,

in whole or in part, or willfully or knowingly converts the same to

his own use or to the use of another, shall be fined under this

title or imprisoned not more than ten years, or both.

The offense shall be deemed to have been committed not only in

the district where the violation first occurred but also in any

district in which the defendant may have taken or had possession of

such moneys, funds, credits, securities, property or assets.

A judgment of conviction or acquittal on the merits under the

laws of any State shall be a bar to any prosecution hereunder for

the same act or acts.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 730; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 409, 412 (Feb. 13,

1913, ch. 50, Sec. 1, 37 Stat. 670; Oct. 15, 1914, ch. 323, Sec. 9,

38 Stat. 733; Jan. 28, 1925, ch. 102, 43 Stat. 793; Jan. 21, 1933,

ch. 16, 47 Stat. 773; July 24, 1946, ch. 606, 60 Stat. 656).

Section consolidates a portion of section 409 with section 412,

both of title 18, U.S.C., 1940 ed. Other provisions of said

section 409 are incorporated in sections 659 and 2117 of this

title.

Definitive language in section 412 of title 18, U.S.C., 1940 ed.,

as to offense being a felony was deleted to conform with section 1

of this title. (See reviser's note under section 550 of this

title.)

Words ''imprisoned'' was substituted for ''confined in the

penitentiary'' in section 412 of title 18, U.S.C., 1940 ed., in

view of power of Attorney General under section 4082 of this title.

Minimum punishment provision ''less than one year nor'' in

section 412 of title 18, U.S.C., 1940 ed., was omitted for reasons

in reviser's note under section 203 of this title.

Maximum fine of $5,000 was substituted for minimum fine of $500

in section 412 of title 18, U.S.C., 1940 ed., as being more

consonant with the scheme of penalties and offenses provided by

Congress for most sections in this chapter.

Sentence in section 412 of title 18, U.S.C., 1940 ed., ''Nothing

in this section shall be held to take away or impair the

jurisdiction of the several courts under the laws thereof;'', was

omitted in view of section 3231 of this title.

Changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000'' in first par.

-CITE-

18 USC Sec. 661 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 31 - EMBEZZLEMENT AND THEFT

-HEAD-

Sec. 661. Within special maritime and territorial jurisdiction

-STATUTE-

Whoever, within the special maritime and territorial jurisdiction

of the United States, takes and carries away, with intent to steal

or purloin, any personal property of another shall be punished as

follows:

If the property taken is of a value exceeding $1,000, or is taken

from the person of another, by a fine under this title, or

imprisonment for not more than five years, or both; in all other

cases, by a fine under this title or by imprisonment not more than

one year, or both.

If the property stolen consists of any evidence of debt, or other

written instrument, the amount of money due thereon, or secured to

be paid thereby and remaining unsatisfied, or which in any

contingency might be collected thereon, or the value of the

property the title to which is shown thereby, or the sum which

might be recovered in the absence thereof, shall be the value of

the property stolen.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 731; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(H), (K), Sept. 13, 1994, 108 Stat. 2147;

Pub. L. 104-294, title VI, Sec. 601(a)(3), 606(a), Oct. 11, 1996,

110 Stat. 3498, 3511.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 466 (Mar. 4, 1909, ch.

321, Sec. 287, 35 Stat. 1144).

Words ''within the special maritime and territorial jurisdiction

of the United States'' were inserted to conform with section 7 of

this title. (See reviser's note under that section.)

The maximum fine and imprisonment provisions were modified and

''five years'' and ''$5,000'' substituted for ''ten years'' and

''$10,000'' and the sum of $100 was substituted for $50 as more in

accord with other sections of this chapter. (See section 641 of

this title.)

Minor changes were made in phraseology.

AMENDMENTS

1996 - Pub. L. 104-294, in second par., substituted ''$1,000''

for ''$100'' and substituted ''fine under this title'' for ''fine

of under this title'' in two places.

1994 - Pub. L. 103-322, in second par., substituted ''under this

title'' for ''not more than $5,000'' after ''another, by a fine

of'' and for ''not more than $1,000'' after ''cases, by a fine

of''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1153, 3050 of this title;

title 49 section 46506.

-CITE-

18 USC Sec. 662 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 31 - EMBEZZLEMENT AND THEFT

-HEAD-

Sec. 662. Receiving stolen property within special maritime and

territorial jurisdiction

-STATUTE-

Whoever, within the special maritime and territorial jurisdiction

of the United States, buys, receives, or conceals any money, goods,

bank notes, or other thing which may be the subject of larceny,

which has been feloniously taken, stolen, or embezzled, from any

other person, knowing the same to have been so taken, stolen, or

embezzled, shall be fined under this title or imprisoned not more

than three years, or both; but if the amount or value of thing so

taken, stolen or embezzled does not exceed $1,000, he shall be

fined under this title or imprisoned not more than one year, or

both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 731; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L.

104-294, title VI, Sec. 606(a), Oct. 11, 1996, 110 Stat. 3511.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 467 (Mar. 4, 1909, ch.

321, Sec. 288, 35 Stat. 1145).

Same language was inserted as in section 661 of this title for

the same reason.

Mandatory punishment provision was rephrased in the alternative.

The smaller punishment for an offense involving $100 or less was

added. (See reviser's notes under sections 641 and 645 of this

title.)

This accords with the recommendation of United States Attorney P.

F. Herrick of Puerto Rico.

Language as to order of trial was omitted and incorporated in

section 3435 of this title.

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''$1,000'' for ''$100''.

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $1,000'' in two places.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 49 section 46506.

-CITE-

18 USC Sec. 663 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 31 - EMBEZZLEMENT AND THEFT

-HEAD-

Sec. 663. Solicitation or use of gifts

-STATUTE-

Whoever solicits any gift of money or other property, and

represents that such gift is being solicited for the use of the

United States, with the intention of embezzling, stealing, or

purloining such gift, or converting the same to any other use or

purpose, or whoever, having come into possession of any money or

property which has been donated by the owner thereof for the use of

the United States, embezzles, steals or purloins such money or

property, or converts the same to any other use or purpose, shall

be fined under this title or imprisoned not more than five years,

or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 731; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 641e of title 50, App. U.S.C., 1940 ed., War and

National Defense (Mar. 27, 1942, 3 p. m., E. W. T., c. 199, Title

XI, Sec. 1106, 56 Stat. 184).

This section was taken from the Second War Powers Act of 1942,

which was temporary legislation. However, the subject matter was

so independent of the war effort as to warrant its inclusion in

this title as a permanent provision.

Words ''shall be guilty of a felony'' were omitted. See

Reviser's Note under section 550 of this title.

Words ''and upon conviction thereof'' were omitted as unnecessary

since punishment cannot be imposed until a conviction is secured.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000''.

-CITE-

18 USC Sec. 664 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 31 - EMBEZZLEMENT AND THEFT

-HEAD-

Sec. 664. Theft or embezzlement from employee benefit plan

-STATUTE-

Any person who embezzles, steals, or unlawfully and willfully

abstracts or converts to his own use or to the use of another, any

of the moneys, funds, securities, premiums, credits, property, or

other assets of any employee welfare benefit plan or employee

pension benefit plan, or of any fund connected therewith, shall be

fined under this title, or imprisoned not more than five years, or

both.

As used in this section, the term ''any employee welfare benefit

plan or employee pension benefit plan'' means any employee benefit

plan subject to any provision of title I of the Employee Retirement

Income Security Act of 1974.

-SOURCE-

(Added Pub. L. 87-420, Sec. 17(a), Mar. 20, 1962, 76 Stat. 41;

amended Pub. L. 93-406, title I, Sec. 111(a)(2)(A), Sept. 2, 1974,

88 Stat. 851; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(L),

Sept. 13, 1994, 108 Stat. 2147.)

-REFTEXT-

REFERENCES IN TEXT

The Employee Retirement Income Security Act of 1974, referred to

in text, is Pub. L. 93-406, Sept. 2, 1974, 88 Stat. 829, as

amended. Title I of the Employee Retirement Income Security Act of

1974 is classified generally to subchapter I (Sec. 1001 et seq.) of

chapter 18 of Title 29, Labor. For complete classification of this

Act to the Code, see Short Title note set out under section 1001 of

Title 29 and Tables.

-MISC2-

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $10,000''.

1974 - Pub. L. 93-406 substituted ''any employee benefit plan

subject to any provision of title I of the Employee Retirement

Income Security Act of 1974'' for ''any such plan subject to the

provisions of the Welfare and Pension Plans Disclosure Act''.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-406 effective Jan. 1, 1975, except as

provided in section 1031(b)(2) of Title 29, Labor, see section

1031(b)(1) of Title 29.

EFFECTIVE DATE

Section 19 of Pub. L. 87-420 provided that: ''The amendments made

by this Act (see Short Title note below) shall take effect ninety

days after the enactment of this Act (Mar. 20, 1962), except that

section 13 of the Welfare and Pension Plans Disclosure Act (section

308d of Title 29, Labor) shall take effect one hundred eighty days

after such date of enactment.''

SHORT TITLE

Section 1 of Pub. L. 87-420 provided: ''That this Act (enacting

this section, sections 1027 and 1954 of this title, and sections

308a to 308f of Title 29, Labor, amending sections 302 to 308 and

309 of Title 29, and renumbering sections 10 to 12 of Pub. L.

85-536, classified to section 309 of Title 29 and as notes under

section 301 of Title 29), may be cited as the 'Welfare and Pension

Plans Disclosure Act Amendments of 1962'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 1961, 2516 of this

title; title 29 section 1031.

-CITE-

18 USC Sec. 665 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 31 - EMBEZZLEMENT AND THEFT

-HEAD-

Sec. 665. Theft or embezzlement from employment and training funds;

improper inducement; obstruction of investigations

-STATUTE-

(a) Whoever, being an officer, director, agent, or employee of,

or connected in any capacity with any agency or organization

receiving financial assistance or any funds under the Job Training

Partnership Act or title I of the Workforce Investment Act of 1998

knowingly enrolls an ineligible participant, embezzles, willfully

misapplies, steals, or obtains by fraud any of the moneys, funds,

assets, or property which are the subject of a financial assistance

agreement or contract pursuant to such Act shall be fined under

this title or imprisoned for not more than 2 years, or both; but if

the amount so embezzled, misapplied, stolen, or obtained by fraud

does not exceed $1,000, such person shall be fined under this title

or imprisoned not more than 1 year, or both.

(b) Whoever, by threat or procuring dismissal of any person from

employment or of refusal to employ or refusal to renew a contract

of employment in connection with a financial assistance agreement

or contract under the Job Training Partnership Act or title I of

the Workforce Investment Act of 1998 induces any person to give up

any money or thing of any value to any person (including such

organization or agency receiving funds) shall be fined under this

title, or imprisoned not more than 1 year, or both.

(c) Whoever willfully obstructs or impedes or willfully endeavors

to obstruct or impede, an investigation or inquiry under the Job

Training Partnership Act or title I of the Workforce Investment Act

of 1998, or the regulations thereunder, shall be punished by a fine

under this title, or by imprisonment for not more than 1 year, or

by both such fine and imprisonment.

-SOURCE-

(Added Pub. L. 93-203, title VII, Sec. 711(a), formerly title VI,

Sec. 611(a), Dec. 28, 1973, 87 Stat. 881; renumbered title VII,

Sec. 711(a), Pub. L. 93-567, title I, Sec. 101, Dec. 31, 1974, 88

Stat. 1845; amended Pub. L. 95-524, Sec. 3(a), Oct. 27, 1978, 92

Stat. 2017; Pub. L. 97-300, title I, Sec. 182, Oct. 13, 1982, 96

Stat. 1357; Pub. L. 101-647, title XXXV, Sec. 3517, Nov. 29, 1990,

104 Stat. 4923; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H),

(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104-294, title VI,

Sec. 606(a), Oct. 11, 1996, 110 Stat. 3511; Pub. L. 105-277, div.

A, Sec. 101(f) (title VIII, Sec. 405(d)(13)), Oct. 21, 1998, 112

Stat. 2681-337, 2681-421; Pub. L. 107-273, div. B, title IV, Sec.

4002(d)(1)(B), Nov. 2, 2002, 116 Stat. 1809.)

-REFTEXT-

REFERENCES IN TEXT

The Job Training Partnership Act, referred to in text, is Pub. L.

97-300, Oct. 13, 1982, 96 Stat. 1322, as amended, which was

classified generally to chapter 19 (Sec. 1501 et seq.) of Title 29,

Labor, prior to repeal by Pub. L. 105-220, title I, Sec. 199(b)(2),

(c)(2)(B), Aug. 7, 1998, 112 Stat. 1059, effective July 1, 2000.

For complete classification of this Act to the Code, see Tables.

The Workforce Investment Act of 1998, referred to in text, is

Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as amended. Title I

of the Act is classified principally to chapter 30 (Sec. 2801 et

seq.) of Title 29, Labor. For complete classification of this Act

to the Code, see Short Title note set out under section 9201 of

Title 20, Education, and Tables.

-COD-

CODIFICATION

Section 711(a) of Pub. L. 93-203, cited as a credit to this

section, was omitted in the general revision of Pub. L. 93-203 by

Pub. L. 95-524.

-MISC3-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-273 substituted ''a fine under

this title'' for ''a fine of not more than $5,000''.

1998 - Subsecs. (a) to (c). Pub. L. 105-277 substituted ''the Job

Training Partnership Act or title I of the Workforce Investment Act

of 1998'' for ''the Comprehensive Employment and Training Act or

the Job Training Partnership Act''.

1996 - Subsec. (a). Pub. L. 104-294 substituted ''$1,000'' for

''$100''.

1994 - Subsec. (a). Pub. L. 103-322 substituted ''fined under

this title'' for ''fined not more than $10,000'' after ''such Act

shall be'' and for ''fined not more than $1,000'' after ''person

shall be''.

Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(H), substituted

''fined under this title'' for ''fined not more than $1,000''.

1990 - Pub. L. 101-647 substituted semicolons for colons in

section catchline and ''Whoever'' for ''Any person whoever'' in

subsec. (c).

1982 - Subsec. (a). Pub. L. 97-300 inserted ''or organization''

after ''any agency'', ''or any funds'' after ''financial

assistance'', ''or Job Training Partnership Act'' after

''Comprehensive Employment and Training Act'', substituted

''participant'' for ''individual or individuals'', and ''financial

assistance agreement or contract'' for ''grant or contract of

assistance''.

Subsec. (b). Pub. L. 97-300 substituted ''financial assistance

agreement or contract'' for ''grant or contract of assistance'',

inserted ''or the Job Training Partnership Act'' after

''Comprehensive Employment and Training Act'', substituted ''any

person'' for ''any persons'' after ''induces'', and substituted

''organization or agency receiving funds'' for ''grantee agency''.

Subsec. (c). Pub. L. 97-300 inserted ''willfully'' before

''endeavors to obstruct'', and ''or the Job Training Partnership

Act'' after ''Comprehensive Employment and Training Act''.

1978 - Pub. L. 95-524 substituted ''employment and training

funds:'' for ''manpower funds;'' and inserted '': obstruction of

investigations'' after ''improper inducement'' in section

catchline.

Subsec. (a). Pub. L. 95-524 substituted ''Comprehensive

Employment and Training Act knowingly hires an ineligible

individual or individuals,'' for ''Comprehensive Employment and

Training Act of 1973''.

Subsec. (b). Pub. L. 95-524 substituted ''Comprehensive

Employment and Training Act'' for ''Comprehensive Employment and

Training Act of 1973''.

Subsec. (c). Pub. L. 95-524 added subsec. (c).

-CITE-

18 USC Sec. 666 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 31 - EMBEZZLEMENT AND THEFT

-HEAD-

Sec. 666. Theft or bribery concerning programs receiving Federal

funds

-STATUTE-

(a) Whoever, if the circumstance described in subsection (b) of

this section exists -

(1) being an agent of an organization, or of a State, local, or

Indian tribal government, or any agency thereof -

(A) embezzles, steals, obtains by fraud, or otherwise without

authority knowingly converts to the use of any person other

than the rightful owner or intentionally misapplies, property

that -

(i) is valued at $5,000 or more, and

(ii) is owned by, or is under the care, custody, or control

of such organization, government, or agency; or

(B) corruptly solicits or demands for the benefit of any

person, or accepts or agrees to accept, anything of value from

any person, intending to be influenced or rewarded in

connection with any business, transaction, or series of

transactions of such organization, government, or agency

involving any thing of value of $5,000 or more; or

(2) corruptly gives, offers, or agrees to give anything of

value to any person, with intent to influence or reward an agent

of an organization or of a State, local or Indian tribal

government, or any agency thereof, in connection with any

business, transaction, or series of transactions of such

organization, government, or agency involving anything of value

of $5,000 or more;

shall be fined under this title, imprisoned not more than 10 years,

or both.

(b) The circumstance referred to in subsection (a) of this

section is that the organization, government, or agency receives,

in any one year period, benefits in excess of $10,000 under a

Federal program involving a grant, contract, subsidy, loan,

guarantee, insurance, or other form of Federal assistance.

(c) This section does not apply to bona fide salary, wages, fees,

or other compensation paid, or expenses paid or reimbursed, in the

usual course of business.

(d) As used in this section -

(1) the term ''agent'' means a person authorized to act on

behalf of another person or a government and, in the case of an

organization or government, includes a servant or employee, and a

partner, director, officer, manager, and representative;

(2) the term ''government agency'' means a subdivision of the

executive, legislative, judicial, or other branch of government,

including a department, independent establishment, commission,

administration, authority, board, and bureau, and a corporation

or other legal entity established, and subject to control, by a

government or governments for the execution of a governmental or

intergovernmental program;

(3) the term ''local'' means of or pertaining to a political

subdivision within a State;

(4) the term ''State'' includes a State of the United States,

the District of Columbia, and any commonwealth, territory, or

possession of the United States; and

(5) the term ''in any one-year period'' means a continuous

period that commences no earlier than twelve months before the

commission of the offense or that ends no later than twelve

months after the commission of the offense. Such period may

include time both before and after the commission of the offense.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 1104(a), Oct. 12, 1984, 98

Stat. 2143; amended Pub. L. 99-646, Sec. 59(a), Nov. 10, 1986, 100

Stat. 3612; Pub. L. 101-647, title XII, Sec. 1205(d), 1209, Nov.

29, 1990, 104 Stat. 4831, 4832; Pub. L. 103-322, title XXXIII, Sec.

330003(c), Sept. 13, 1994, 108 Stat. 2140.)

-MISC1-

AMENDMENTS

1994 - Subsec. (d)(3) to (5). Pub. L. 103-322 struck out ''and''

at end of par. (3), substituted ''; and'' for the period at end of

par. (4), and redesignated second par. (4) defining ''in any

one-year period'' as (5).

1990 - Subsec. (d)(4). Pub. L. 101-647, Sec. 1209, added par. (4)

defining ''in any one-year period''.

Pub. L. 101-647, Sec. 1205(d), added par. (4) defining ''State''.

1986 - Pub. L. 99-646, in amending section generally, made

specific reference to applicability of section to agent of Indian

tribal government or agency thereof, inserted provision that

section does not apply to bona fide salary, wages, fees, or other

compensation paid, or expenses paid or reimbursed, in usual course

of business, struck out definition of term ''organization'', and

otherwise revised structure of section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 981, 982, 1516, 1956

of this title.

-CITE-

18 USC Sec. 667 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 31 - EMBEZZLEMENT AND THEFT

-HEAD-

Sec. 667. Theft of livestock

-STATUTE-

Whoever obtains or uses the property of another which has a value

of $10,000 or more in connection with the marketing of livestock in

interstate or foreign commerce with intent to deprive the other of

a right to the property or a benefit of the property or to

appropriate the property to his own use or the use of another shall

be fined under this title or imprisoned not more than five years,

or both. The term ''livestock'' has the meaning set forth in

section 2311 of this title.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 1111, Oct. 12, 1984, 98 Stat.

2149; amended Pub. L. 103-322, title XXXIII, Sec. 330009(b),

330016(1)(L), Sept. 13, 1994, 108 Stat. 2143, 2147.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $10,000'' and inserted at end ''The term

'livestock' has the meaning set forth in section 2311 of this

title.''

-CITE-

18 USC Sec. 668 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 31 - EMBEZZLEMENT AND THEFT

-HEAD-

Sec. 668. Theft of major artwork

-STATUTE-

(a) Definitions. - In this section -

(1) ''museum'' means an organized and permanent institution,

the activities of which affect interstate or foreign commerce,

that -

(A) is situated in the United States;

(B) is established for an essentially educational or

aesthetic purpose;

(C) has a professional staff; and

(D) owns, utilizes, and cares for tangible objects that are

exhibited to the public on a regular schedule.

(2) ''object of cultural heritage'' means an object that is -

(A) over 100 years old and worth in excess of $5,000; or

(B) worth at least $100,000.

(b) Offenses. - A person who -

(1) steals or obtains by fraud from the care, custody, or

control of a museum any object of cultural heritage; or

(2) knowing that an object of cultural heritage has been stolen

or obtained by fraud, if in fact the object was stolen or

obtained from the care, custody, or control of a museum (whether

or not that fact is known to the person), receives, conceals,

exhibits, or disposes of the object,

shall be fined under this title, imprisoned not more than 10 years,

or both.

-SOURCE-

(Added Pub. L. 103-322, title XXXII, Sec. 320902(a), Sept. 13,

1994, 108 Stat. 2123; amended Pub. L. 104-294, title VI, Sec.

604(b)(18), Oct. 11, 1996, 110 Stat. 3507.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-294 designated first and second

pars. beginning with quotation mark as pars. (1) and (2),

respectively, and made technical amendment to provisions appearing

in original.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see

section 604(d) of Pub. L. 104-294, set out as a note under section

13 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3294 of this title.

-CITE-

18 USC Sec. 669 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 31 - EMBEZZLEMENT AND THEFT

-HEAD-

Sec. 669. Theft or embezzlement in connection with health care

-STATUTE-

(a) Whoever knowingly and willfully embezzles, steals, or

otherwise without authority converts to the use of any person other

than the rightful owner, or intentionally misapplies any of the

moneys, funds, securities, premiums, credits, property, or other

assets of a health care benefit program, shall be fined under this

title or imprisoned not more than 10 years, or both; but if the

value of such property does not exceed the sum of $100 the

defendant shall be fined under this title or imprisoned not more

than one year, or both.

(b) As used in this section, the term ''health care benefit

program'' has the meaning given such term in section 24(b) of this

title.

-SOURCE-

(Added Pub. L. 104-191, title II, Sec. 243(a), Aug. 21, 1996, 110

Stat. 2017.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 24 of this title.

-CITE-