18 U.S.C. § 648 — Custodians, generally, misusing public

Page 155 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 650 § 648. Custodians, generally, misusing public funds Whoever, being an officer or other person charged by any Act of Congress with the safe- keeping of the public moneys, loans, uses, or converts to his own use, or deposits in any bank, including any branch or agency 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 exchanges for other funds, except as specially allowed by law, any portion of the public moneys intrusted to him for safe-keeping, is guilty of embezzlement of the money so loaned, used, converted, deposited, or exchanged, and shall be fined under this title or in a sum equal to the amount of 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. (June 25, 1948, ch. 645, 62 Stat. 727; Pub. L. 101–647, title XXV, § 2597(d), Nov. 29, 1990, 104 Stat. 4909; 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., § 175 (Mar. 4, 1909, ch. 321, § 89, 35 Stat. 1105). Mandatory punishment provision was rephrased in the alternative. The smaller punishment for an offense involving $100 or less was inserted. (See reviser’s notes under sections 641 and 645 of this title.) Minor changes in phraseology were 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. 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 in a sum equal to the amount of money so embezzled, whichever is greater, or imprisoned’’ for ‘‘shall be fined in a sum equal to the amount of money so 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’’. 1990—Pub. L. 101–647 inserted ‘‘, including any branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the Inter- national Banking Act of 1978),’’ after ‘‘or deposits in any bank’’. § 649. Custodians failing to deposit moneys; per- sons affected (a) Whoever, having money of the United States in his possession or under his control, fails to deposit it with the Treasurer or some public depositary of the United States, when re- quired so to do by the Secretary of the Treasury or the head of any other proper department or agency or by the Government Accountability Office, is guilty of embezzlement, and shall be fined under this title or in a sum equal to the amount of money embezzled, whichever is great- er, 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 impris- oned not more than one year, or both. (b) This section and sections 643, 648, 650 and 653 of this title shall apply to all persons charged with the safe-keeping, transfer, or dis- bursement of the public money, whether such persons be charged as receivers or depositaries of the same. (June 25, 1948, ch. 645, 62 Stat. 727; 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; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 177, 178 (Mar. 4, 1909, ch. 321, §§ 91, 92, 35 Stat. 1105; May 29, 1920, ch. 214, § 1, 41 Stat. 654; June 10, 1921, ch. 18, § 304, 42 Stat. 24). Sections were consolidated. Words ‘‘or agency’’ were inserted after ‘‘department’’. See definition of ‘‘agency’’ in section 6 of this title. Mandatory punishment provisions made in alter- native. The smaller punishment for an offense involving $100 or less was inserted. (See reviser’s notes under sections 641, 645 of this title.) Minor changes were made in phraseology. Editorial Notes AMENDMENTS 2004—Subsec. (a). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’. 1996—Subsec. (a). Pub. L. 104–294 substituted ‘‘$1,000’’ for ‘‘$100’’. 1994—Subsec. (a). Pub. L. 103–322, § 330016(2)(G), sub- stituted ‘‘shall be fined under this title or in a sum equal to the amount of money embezzled, whichever is greater, or imprisoned’’ for ‘‘shall be fined in a sum equal to the amount of money embezzled or impris- oned’’. Pub. L. 103–322, § 330016(1)(H), substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’ after ‘‘he shall be’’. Executive Documents TRANSFER OF FUNCTIONS Functions of all officers of Department of the Treas- ury, 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, §§ 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 Em- ployees. The Treasurer of the United States, referred to in this section, is an officer of Department of the Treasury. § 650. Depositaries failing to safeguard deposits If the Treasurer of the United States or any public depositary fails to keep safely all moneys deposited by any disbursing officer or disbursing agent, as well as all moneys deposited by any re- ceiver, collector, or other person having money of the United States, he is guilty of embezzle- ment, and shall be fined under this title or in a sum equal to the amount of money so embez-