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CITE

    18 USC Sec. 645                                             01/05/2009

EXPCITE

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

HEAD

    Sec. 645. Court officers generally

STATUTE

      Whoever, being a United States marshal, clerk, receiver, referee,
    trustee, or other officer of a United States court, or any deputy,
    assistant, or employee of any such officer, retains or converts to
    his own use or to the use of another or after demand by the party
    entitled thereto, unlawfully retains any money coming into his
    hands by virtue of his official relation, position or employment,
    is guilty of embezzlement and shall, where the offense is not
    otherwise punishable by enactment of Congress, be fined under this
    title or not more than double the value of the money so embezzled,
    whichever is greater, or imprisoned not more than ten years, or
    both; but if the amount embezzled does not exceed $1,000, he shall
    be fined under this title or imprisoned not more than one year, or
    both.
      It shall not be a defense that the accused person had any
    interest in such moneys or fund.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 726; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(H), (2)(G), Sept. 13, 1994, 108 Stat. 2147,
    2148; Pub. L. 104-294, title VI, Sec. 606(a), Oct. 11, 1996, 110
    Stat. 3511.)

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".
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