All Agencies, Latest Month All Agencies, Current FY Geographic Distribution
of Convictions for
All Agencies, FY 2014
120 Prosecutions
in September 2014
1,430 Prosecution
in Fiscal Year 2014
131 Convictions
in September 2014
1,101 Conviction
in Fiscal Year 2014

CITE

    18 USC Sec. 641                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 31 - EMBEZZLEMENT AND THEFT

HEAD

    Sec. 641. Public money, property or records

STATUTE

      Whoever embezzles, steals, purloins, or knowingly converts to his
    use or the use of another, or without authority, sells, conveys or
    disposes of any record, voucher, money, or thing of value of the
    United States or of any department or agency thereof, or any
    property made or being made under contract for the United States or
    any department or agency thereof; or
      Whoever receives, conceals, or retains the same with intent to
    convert it to his use or gain, knowing it to have been embezzled,
    stolen, purloined or converted -
      Shall be fined under this title or imprisoned not more than ten
    years, or both; but if the value of such property in the aggregate,
    combining amounts from all the counts for which the defendant is
    convicted in a single case, 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; Pub. L. 108-275, Sec. 4, July 15, 2004, 118 Stat. 833.)

HISTORICAL AND REVISION NOTES

      Based on title 18, U.S.C., 1940 ed., Secs. 82, 87, 100, 101 (Mar.
    4, 1909, ch. 321, Secs. 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
      2004 - Pub. L. 108-275, in third par., inserted "in the
    aggregate, combining amounts from all the counts for which the
    defendant is convicted in a single case," after "value of such
    property".
      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 (Secs. 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'."
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