18 U.S.C. § 655 — Theft by bank examiner

Page 157 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 655 1 See References in Text note below. § 653. Disbursing officer misusing public funds Whoever, being a disbursing officer of the United States, or any department or agency thereof, or a person acting as such, in any man- ner converts to his own use, or loans with or without interest, or deposits in any place or in any manner, except as authorized by law, any public money intrusted to him; or, for any pur- pose not prescribed by law, withdraws from the Treasury or any authorized depositary, or trans- fers, or applies, any portion of the public money intrusted to him, is guilty of embezzlement of the money so converted, loaned, deposited, with- drawn, transferred, or applied, 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 is $1,000 or less, he shall be fined under this title or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 728; Pub. L. 103–322, title XXXIII, § 330016(1)(H), (2)(G), Sept. 13, 1994, 108 Stat. 2147, 2148; Pub. L. 104–294, title VI, § 606(a), Oct. 11, 1996, 110 Stat. 3511.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 173 (Mar. 4, 1909, ch. 321, § 87, 35 Stat. 1105; May 29, 1920, ch. 214, § 1, 41 Stat. 654). Words ‘‘or any department or agency thereof,’’ were inserted after ‘‘United States’’ so as to eliminate any possible ambiguity as to scope of section. (See defini- tive section 6 of this title.) The smaller punishment for an offense involving $100 or less was added. (See reviser’s note under sections 641, 645 of this title.) Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1996—Pub. L. 104–294 substituted ‘‘$1,000’’ for ‘‘$100’’. 1994—Pub. L. 103–322, § 330016(2)(G), 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, § 330016(1)(H), substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’ after ‘‘he shall be’’. § 654. Officer or employee of United States con- verting property of another Whoever, being an officer or employee of the United States or of any department or agency thereof, embezzles or wrongfully converts to his own use the money or property of another which comes into his possession or under his control in the execution of such office or employment, or under color or claim of authority as such officer or employee, shall be fined under this title or not more than the value of the money and prop- erty thus embezzled or converted, whichever is greater, or imprisoned not more than ten years, or both; but if the sum embezzled is $1,000 or less, he shall be fined under this title or impris- oned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 728; Pub. L. 103–322, title XXXIII, § 330016(1)(H), (2)(H), Sept. 13, 1994, 108 Stat. 2147, 2148; Pub. L. 104–294, title VI, § 606(a), Oct. 11, 1996, 110 Stat. 3511.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 183 (Mar. 4, 1909, ch. 321, § 97, 35 Stat. 1106). The phrase ‘‘Whoever being an officer or agent of the United States or of any department or agency thereof,’’ was substituted for the words ‘‘Any officer connected with, or employed in the Internal Revenue Service of the United States * * * And any officer of the United States, or any assistant of such officer,’’ in order to clarify scope of section. (See definitive section 6 and re- viser’s note thereunder.) The embezzlement of Government money or property is adequately covered by section 641 of this title. The smaller punishment for an offense involving $100 or less was added. (See reviser’s notes under sections 641 and 645 of this title.) Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1996—Pub. L. 104–294 substituted ‘‘$1,000’’ for ‘‘$100’’. 1994—Pub. L. 103–322, § 330016(2)(H), substituted ‘‘shall be fined under this title or not more than the value of the money and property thus embezzled or converted, whichever is greater, or imprisoned’’ for ‘‘shall be fined not more than the value of the money and property thus embezzled or converted, or imprisoned’’. Pub. L. 103–322, § 330016(1)(H), substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’ after ‘‘he shall be’’. § 655. Theft by bank examiner Whoever, being a bank examiner or assistant examiner, steals, or unlawfully takes, or unlaw- fully conceals any money, note, draft, bond, or security or any other property of value in the possession of any bank or banking institution which is a member of the Federal Reserve Sys- tem, which is insured by the Federal Deposit In- surance Corporation, which is a branch or agen- cy of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or which is an organization operating under section 25 or section 25(a) 1 of the Federal Reserve Act, or from any safe deposit box in or adjacent to the premises of such bank, branch, agency, or orga- nization, shall be fined under this title or im- prisoned not more than five years, or both; but if the amount taken or concealed does not ex- ceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both; and shall be disqualified from holding office as a na- tional bank examiner or Federal Deposit Insur- ance Corporation examiner. This section shall apply to all public exam- iners and assistant examiners who examine member banks of the Federal Reserve System, banks the deposits of which are insured by the Federal Deposit Insurance Corporation, branches or agencies of foreign banks (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or organizations operating under section 25 or section 25(a) 1 of the Federal Reserve Act, whether appointed by the Comptroller of the Currency, by the Board of Governors of the Fed- eral Reserve System, by a Federal Reserve Agent, by a Federal Reserve bank, or by the Federal Deposit Insurance Corporation, or ap- Page 158 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 656 1 See References in Text note below. pointed or elected under the laws of any State; but shall not apply to private examiners or as- sistant examiners employed only by a clearing- house association or by the directors of a bank. (June 25, 1948, ch. 645, 62 Stat. 728; Pub. L. 101–647, title XXV, § 2597(e), Nov. 29, 1990, 104 Stat. 4909; Pub. L. 103–322, title XXXIII, § 330016(1)(H), (K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, § 606(a), Oct. 11, 1996, 110 Stat. 3511.) HISTORICAL AND REVISION NOTES Based on section 593 of title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 23, 1913, ch. 6, § 22, 38 Stat. 272; Sept. 26, 1918, ch. 177, § 5, 40 Stat. 970; Feb. 25, 1927, ch. 191, § 15, 44 Stat. 1232; Aug. 23, 1935, ch. 614, § 326(a), 49 Stat. 715). Other provisions of section 593 of title 12, U.S.C. 1940 ed., Banks and Banking, are incorporated in sections 217 and 218 of this title. The words ‘‘and shall upon conviction thereof’’ were omitted as unnecessary, since punishment cannot be imposed until a conviction is secured. The phrase ‘‘bank or banking institution which is a member of the Federal Reserve System or which is in- sured by the Federal Deposit Insurance Corporation’’ was substituted for ‘‘member bank or insured bank’’ to avoid the use of a definitive section based on sections 221a, 264(e)(8), and 588a of title 12, U.S.C., 1940 ed., Banks and Banking. Words ‘‘banks the deposits of which are insured by the Federal Deposit Insurance Corporation’’ were substituted for ‘‘insured banks’’ in second paragraph, for the same reason. Punishment provision harmonized with that of sec- tion 656 of this title. (See also, reviser’s notes under sections 641 and 645 of this title.) Changes in phraseology were also made. Editorial Notes REFERENCES IN TEXT Section 1(b) of the International Banking Act of 1978, referred to in text, is classified to section 3101 of Title 12, Banks and Banking. Section 25 of the Federal Reserve Act, referred to in text, is classified to subchapter I (§ 601 et seq.) of chap- ter 6 of Title 12. Section 25(a) of the Federal Reserve Act, which is classified to subchapter II (§ 611 et seq.) of chapter 6 of Title 12, was renumbered section 25A of that act by Pub. L. 102–242, title I, § 142(e)(2), Dec. 19, 1991, 105 Stat. 2281. AMENDMENTS 1996—Pub. L. 104–294 substituted ‘‘$1,000’’ for ‘‘$100’’ in first par. 1994—Pub. L. 103–322, in first par., substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’ after ‘‘organization, shall be’’ and for ‘‘fined not more than $1,000’’ after ‘‘he shall be’’. 1990—Pub. L. 101–647, in first par., substituted ‘‘Sys- tem, which is insured’’ for ‘‘System or which is in- sured’’, inserted ‘‘which is a branch or agency of a for- eign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or which is an organization operating under section 25 or section 25(a) of the Federal Reserve Act,’’ after ‘‘Federal Deposit Insurance Corporation,’’ and ‘‘branch, agency, or organization,’’ after ‘‘premises of such bank,’’ and in second par. substituted ‘‘System, banks the deposits of which’’ for ‘‘System or banks the deposits of which’’, and inserted ‘‘branches or agencies of foreign banks (as such terms are defined in para- graphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or organizations operating under section 25 or section 25(a) of the Federal Reserve Act,’’ after ‘‘Federal Deposit Insurance Corporation,’’. § 656. Theft, embezzlement, or misapplication by bank officer or employee Whoever, being an officer, director, agent or employee of, or connected in any capacity with any Federal Reserve bank, member bank, depos- itory institution holding company, national bank, insured bank, branch or agency of a for- eign bank, or organization operating under sec- tion 25 or section 25(a) 1 of the Federal Reserve Act, or a receiver of a national bank, insured bank, branch, agency, or organization or any agent or employee of the receiver, or a Federal Reserve Agent, or an agent or employee of a Federal Reserve Agent or of the Board of Gov- ernors of the Federal Reserve System, embez- zles, abstracts, purloins or willfully misapplies any of the moneys, funds or credits of such bank, branch, agency, or organization or holding company or any moneys, funds, assets or securi- ties intrusted to the custody or care of such bank, branch, agency, or organization, or hold- ing company or to the custody or care of any such agent, officer, director, employee or re- ceiver, shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both; but if the amount embezzled, abstracted, purloined or misapplied does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both. As used in this section, the term ‘‘national bank’’ is synonymous with ‘‘national banking association’’; ‘‘member bank’’ means and in- cludes any national bank, state bank, or bank and trust company which has become a member of one of the Federal Reserve banks; ‘‘insured bank’’ includes any bank, banking association, trust company, savings bank, or other banking institution, the deposits of which are insured by the Federal Deposit Insurance Corporation; and the term ‘‘branch or agency of a foreign bank’’ means a branch or agency described in section 20(9) of this title. For purposes of this section, the term ‘‘depository institution holding com- pany’’ has the meaning given such term in sec- tion 3 of the Federal Deposit Insurance Act. (June 25, 1948, ch. 645, 62 Stat. 729; Pub. L. 101–73, title IX, § 961(b), Aug. 9, 1989, 103 Stat. 499; Pub. L. 101–647, title XXV, §§ 2504(b), 2595(a)(1), 2597(f), Nov. 29, 1990, 104 Stat. 4861, 4906, 4909; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, §§ 601(f)(1), 606(a), Oct. 11, 1996, 110 Stat. 3499, 3511.) HISTORICAL AND REVISION NOTES Based on sections 592, 597 of title 12, U.S.C., 1940 ed., Banks and Banking (R.S. 5209; Dec. 23, 1913, ch. 6, § 22(i), as added June 19, 1934, ch. 653, § 3, 48 Stat. 1107; Sept. 26, 1918, ch. 177, § 7, 40 Stat. 972; Aug. 23, 1935, ch. 614, § 316, 49 Stat. 712). Section 592 of title 12, U.S.C., 1940 ed., Banks and Banking, was separated into three sections the first of which, embracing provisions relating to embezzlement, abstracting, purloining, or willfully misapplying mon- eys, funds, or credits, constitutes part of the basis for this section. Of the other two sections, one section, 334 of this title, relates only to the issuance and circula- tion of Federal Reserve notes and the other, section 1005 of this title, to false entries or the wrongful issue of bank obligations. The original section, containing more than 500 words, was verbose, diffuse, redundant, and complicated. The