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53 Prosecutions
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2 Convictions
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24 Convictions
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CITE

    18 USC Sec. 664                                             01/05/2009

EXPCITE

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

HEAD

    Sec. 664. Theft or embezzlement from employee benefit plan

STATUTE

      Any person who embezzles, steals, or unlawfully and willfully
    abstracts or converts to his own use or to the use of another, any
    of the moneys, funds, securities, premiums, credits, property, or
    other assets of any employee welfare benefit plan or employee
    pension benefit plan, or of any fund connected therewith, shall be
    fined under this title, or imprisoned not more than five years, or
    both.
      As used in this section, the term "any employee welfare benefit
    plan or employee pension benefit plan" means any employee benefit
    plan subject to any provision of title I of the Employee Retirement
    Income Security Act of 1974.

SOURCE

    (Added Pub. L. 87-420, Sec. 17(a), Mar. 20, 1962, 76 Stat. 41;
    amended Pub. L. 93-406, title I, Sec. 111(a)(2)(A), Sept. 2, 1974,
    88 Stat. 851; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(L),
    Sept. 13, 1994, 108 Stat. 2147.)

REFERENCES IN TEXT

      The Employee Retirement Income Security Act of 1974, referred to
    in text, is Pub. L. 93-406, Sept. 2, 1974, 88 Stat. 829, as
    amended. Title I of the Employee Retirement Income Security Act of
    1974 is classified generally to subchapter I (Sec. 1001 et seq.) of
    chapter 18 of Title 29, Labor. For complete classification of this
    Act to the Code, see Short Title note set out under section 1001 of
    Title 29 and Tables.

AMENDMENTS

      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $10,000".
      1974 - Pub. L. 93-406 substituted "any employee benefit plan
    subject to any provision of title I of the Employee Retirement
    Income Security Act of 1974" for "any such plan subject to the
    provisions of the Welfare and Pension Plans Disclosure Act".
                     EFFECTIVE DATE OF 1974 AMENDMENT
      Amendment by Pub. L. 93-406 effective Jan. 1, 1975, except as
    provided in section 1031(b)(2) of Title 29, Labor, see section
    1031(b)(1) of Title 29.
                              EFFECTIVE DATE
      Section 19 of Pub. L. 87-420 provided that: "The amendments made
    by this Act [see Short Title note below] shall take effect ninety
    days after the enactment of this Act [Mar. 20, 1962], except that
    section 13 of the Welfare and Pension Plans Disclosure Act [section
    308d of Title 29, Labor] shall take effect one hundred eighty days
    after such date of enactment."
                                SHORT TITLE
      Section 1 of Pub. L. 87-420 provided: "That this Act [enacting
    this section, sections 1027 and 1954 of this title, and sections
    308a to 308f of Title 29, Labor, amending sections 302 to 308 and
    309 of Title 29, and renumbering sections 10 to 12 of Pub. L. 85-
    536, classified to section 309 of Title 29 and as notes under
    section 301 of Title 29], may be cited as the 'Welfare and Pension
    Plans Disclosure Act Amendments of 1962'."
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