Legislación
US (United States) Code. Title 18. Chapter 31: Embezzlement and theft
-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.
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18 USC Sec. 641 01/06/03
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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.
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18 USC Sec. 642 01/06/03
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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
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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.
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18 USC Sec. 644 01/06/03
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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
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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
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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-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
Todos los derechos reservados.