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".