18 U.S.C. § 661 — Within special maritime and territorial ju-

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. Page 165 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 664 1994—Pub. L. 103–322, in second par., substituted ‘‘under this title’’ for ‘‘not more than $5,000’’ after ‘‘an- other, by a fine of’’ and for ‘‘not more than $1,000’’ after ‘‘cases, by a fine of’’. § 662. Receiving stolen property within special maritime and territorial jurisdiction Whoever, within the special maritime and ter- ritorial jurisdiction of the United States, buys, receives, or conceals any money, goods, bank notes, or other thing which may be the subject of larceny, which has been feloniously taken, stolen, or embezzled, from any other person, knowing the same to have been so taken, stolen, or embezzled, shall be fined under this title or imprisoned not more than three years, or both; but if the amount or value of thing so taken, stolen or 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. 731; Pub. L. 103–322, title XXXIII, § 330016(1)(H), 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 title 18, U.S.C., 1940 ed., § 467 (Mar. 4, 1909, ch. 321, § 288, 35 Stat. 1145). Same language was inserted as in section 661 of this title for the same reason. Mandatory punishment provision was rephrased in the alternative. The smaller punishment for an offense involving $100 or less was added. (See reviser’s notes under sections 641 and 645 of this title.) This accords with the recommendation of United States Attorney P. F. Herrick of Puerto Rico. Language as to order of trial was omitted and incor- porated in section 3435 of this title. Editorial Notes AMENDMENTS 1996—Pub. L. 104–294 substituted ‘‘$1,000’’ for ‘‘$100’’. 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’ in two places. § 663. Solicitation or use of gifts Whoever solicits any gift of money or other property, and represents that such gift is being solicited for the use of the United States, with the intention of embezzling, stealing, or pur- loining such gift, or converting the same to any other use or purpose, or whoever, having come into possession of any money or property which has been donated by the owner thereof for the use of the United States, embezzles, steals or purloins such money or property, or converts the same to any other use or purpose, shall be fined under this title or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 731; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on section 641e of title 50, App. U.S.C., 1940 ed., War and National Defense (Mar. 27, 1942, 3 p. m., E. W. T., c. 199, Title XI, § 1106, 56 Stat. 184). This section was taken from the Second War Powers Act of 1942, which was temporary legislation. However, the subject matter was so independent of the war effort as to warrant its inclusion in this title as a permanent provision. Words ‘‘shall be guilty of a felony’’ were omitted. See Reviser’s Note under section 550 of this title. Words ‘‘and upon conviction thereof’’ were omitted as unnecessary since punishment cannot be imposed until a conviction is secured. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. § 664. Theft or embezzlement from employee ben- efit plan Any person who embezzles, steals, or unlaw- fully 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 wel- fare 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 em- ployee welfare benefit plan or employee pension benefit plan’’ means any employee benefit plan subject to any provision of title I of the Em- ployee Retirement Income Security Act of 1974. (Added Pub. L. 87–420, § 17(a), Mar. 20, 1962, 76 Stat. 41; amended Pub. L. 93–406, title I, § 112(a)(2)(A), formerly § 111(a)(2)(A), Sept. 2, 1974, 88 Stat. 851, renumbered § 112(a)(2)(A), Pub. L. 117–328, div. T, title III, § 320(a)(1), Dec. 29, 2022, 136 Stat. 5354; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) Editorial Notes 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. Title I of the Employee Retirement Income Security Act of 1974 is classified generally to sub- chapter I (§ 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, § 112(a)(2)(A), formerly § 111(a)(2)(A), as renumbered by Pub. L. 117–328, sub- stituted ‘‘any employee benefit plan subject to any pro- vision of title I of the Employee Retirement Income Se- curity Act of 1974’’ for ‘‘any such plan subject to the provisions of the Welfare and Pension Plans Disclosure Act’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–328 applicable to plan years beginning after Dec. 31, 2022, see section 320(c) of Pub. L. 117–328, set out as a note under section 414 of Title 26, Internal Revenue Code. 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 Pub. L. 87–420, § 19, Mar. 20, 1962, 76 Stat. 43, provided that: ‘‘The amendments made by this Act [see Short