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.
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