18 U.S.C. § 660 — Carrier’s funds derived from commerce;

Page 164 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 660 1966—Pub. L. 89–654 substituted ‘‘shipments by car- rier’’ for ‘‘baggage, express, or freight’’ in section catchline, inserted ‘‘pipeline system’’ and ‘‘tank or storage facility’’ and substituted ‘‘freight, express, or other property’’ for ‘‘freight or express’’ in first par., provided in eighth par. that the removal of property from a pipeline system which extends interstate shall be prima facie evidence of the interstate character of the shipment of the property, and, in ninth par., pro- hibited any construction which indicated an intent on the part of Congress to occupy the field to the exclu- sion of State laws or to invalidate inconsistent State provisions. 1949—Act May 24, 1949, inserted ‘‘embezzled or’’ before ‘‘stolen’’ in second par., and substituted ‘‘whoever’’ for ‘‘who’’ before ‘‘buys’’ in fourth par. Statutory Notes and Related Subsidiaries ANNUAL REPORT OF LAW ENFORCEMENT ACTIVITIES Pub. L. 109–177, title III, § 307(d), Mar. 9, 2006, 120 Stat. 240, provided that: ‘‘The Attorney General shall annu- ally submit to Congress a report, which shall include an evaluation of law enforcement activities relating to the investigation and prosecution of offenses under sec- tion 659 of title 18, United States Code, as amended by this title.’’ § 660. Carrier’s funds derived from commerce; State prosecutions Whoever, being a president, director, officer, or manager of any firm, association, or corpora- tion engaged in commerce as a common carrier, or whoever, being an employee of such common carrier riding in or upon any railroad car, motortruck, steamboat, vessel, aircraft or other vehicle of such carrier moving in interstate commerce, embezzles, steals, abstracts, or will- fully misapplies, or willfully permits to be mis- applied, any of the moneys, funds, credits, secu- rities, property, or assets of such firm, associa- tion, or corporation arising or accruing from, or used in, such commerce, in whole or in part, or willfully or knowingly converts the same to his own use or to the use of another, shall be fined under this title or imprisoned not more than ten years, or both. The offense shall be deemed to have been com- mitted not only in the district where the viola- tion first occurred but also in any district in which the defendant may have taken or had pos- session of such moneys, funds, credits, securi- ties, property or assets. A judgment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecution hereunder for the same act or acts. (June 25, 1948, ch. 645, 62 Stat. 730; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 409, 412 (Feb. 13, 1913, ch. 50, § 1, 37 Stat. 670; Oct. 15, 1914, ch. 323, § 9, 38 Stat. 733; Jan. 28, 1925, ch. 102, 43 Stat. 793; Jan. 21, 1933, ch. 16, 47 Stat. 773; July 24, 1946, ch. 606, 60 Stat. 656). Section consolidates a portion of section 409 with sec- tion 412, both of title 18, U.S.C., 1940 ed. Other provi- sions of said section 409 are incorporated in sections 659 and 2117 of this title. Definitive language in section 412 of title 18, U.S.C., 1940 ed., as to offense being a felony was deleted to con- form with section 1 of this title. (See reviser’s note under section 550 of this title.) Words ‘‘imprisoned’’ was substituted for ‘‘confined in the penitentiary’’ in section 412 of title 18, U.S.C., 1940 ed., in view of power of Attorney General under section 4082 of this title. Minimum punishment provision ‘‘less than one year nor’’ in section 412 of title 18, U.S.C., 1940 ed., was omit- ted for reasons in reviser’s note under section 203 of this title. Maximum fine of $5,000 was substituted for minimum fine of $500 in section 412 of title 18, U.S.C., 1940 ed., as being more consonant with the scheme of penalties and offenses provided by Congress for most sections in this chapter. Sentence in section 412 of title 18, U.S.C., 1940 ed., ‘‘Nothing in this section shall be held to take away or impair the jurisdiction of the several courts under the laws thereof;’’, was omitted in view of section 3231 of this title. Changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’ in first par. § 661. Within special maritime and territorial ju- risdiction Whoever, within the special maritime and ter- ritorial jurisdiction of the United States, takes and carries away, with intent to steal or pur- loin, any personal property of another shall be punished as follows: If the property taken is of a value exceeding $1,000, or is taken from the person of another, by a fine under this title, or imprisonment for not more than five years, or both; in all other cases, by a fine under this title or by imprisonment not more than one year, or both. If the property stolen consists of any evidence of debt, or other written instrument, the amount of money due thereon, or secured to be paid thereby and remaining unsatisfied, or which in any contingency might be collected thereon, or the value of the property the title to which is shown thereby, or the sum which might be recovered in the absence thereof, shall be the value of the property stolen. (June 25, 1948, ch. 645, 62 Stat. 731; Pub. L. 103–322, title XXXIII, § 330016(1)(H), (K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, §§ 601(a)(3), 606(a), Oct. 11, 1996, 110 Stat. 3498, 3511.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 466 (Mar. 4, 1909, ch. 321, § 287, 35 Stat. 1144). Words ‘‘within the special maritime and territorial jurisdiction of the United States’’ were inserted to con- form with section 7 of this title. (See reviser’s note under that section.) The maximum fine and imprisonment provisions were modified and ‘‘five years’’ and ‘‘$5,000’’ substituted for ‘‘ten years’’ and ‘‘$10,000’’ and the sum of $100 was sub- stituted for $50 as more in accord with other sections of this chapter. (See section 641 of this title.) Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1996—Pub. L. 104–294, in second par., substituted ‘‘$1,000’’ for ‘‘$100’’ and substituted ‘‘fine under this title’’ for ‘‘fine of under this title’’ in two places.