CITE
18 USC Sec. 646 01/05/2009
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.)
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".
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, Secs. 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.