18 U.S.C. § 664 — Theft or embezzlement from employee ben-

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 Page 166 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 665 Title note below] shall take effect ninety days after the enactment of this Act [Mar. 20, 1962], except that sec- tion 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 Pub. L. 87–420, § 1, Mar. 20, 1962, 76 Stat. 35, 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’.’’ § 665. Theft or embezzlement from employment and training funds; improper inducement; obstruction of investigations (a) Whoever, being an officer, director, agent, or employee of, or connected in any capacity with any agency or organization receiving finan- cial assistance or any funds under title I of the Workforce Innovation and Opportunity Act or title I of the Workforce Investment Act of 1998 knowingly enrolls an ineligible participant, em- bezzles, willfully misapplies, steals, or obtains by fraud any of the moneys, funds, assets, or property which are the subject of a financial as- sistance agreement or contract pursuant to such Act shall be fined under this title or imprisoned for not more than 2 years, or both; but if the amount so embezzled, misapplied, stolen, or ob- tained by fraud does not exceed $1,000, such per- son shall be fined under this title or imprisoned not more than 1 year, or both. (b) Whoever, by threat or procuring dismissal of any person from employment or of refusal to employ or refusal to renew a contract of em- ployment in connection with a financial assist- ance agreement or contract under title I of the Workforce Innovation and Opportunity Act or title I of the Workforce Investment Act of 1998 induces any person to give up any money or thing of any value to any person (including such organization or agency receiving funds) shall be fined under this title, or imprisoned not more than 1 year, or both. (c) Whoever willfully obstructs or impedes or willfully endeavors to obstruct or impede, an in- vestigation or inquiry under title I of the Work- force Innovation and Opportunity Act or title I of the Workforce Investment Act of 1998, or the regulations thereunder, shall be punished by a fine under this title, or by imprisonment for not more than 1 year, or by both such fine and im- prisonment. (Added Pub. L. 93–203, title VII, § 711(a), formerly title VI, § 611(a), Dec. 28, 1973, 87 Stat. 881; re- numbered title VII, § 711(a), Pub. L. 93–567, title I, § 101, Dec. 31, 1974, 88 Stat. 1845; amended Pub. L. 95–524, § 3(a), Oct. 27, 1978, 92 Stat. 2017; Pub. L. 97–300, title I, § 182, Oct. 13, 1982, 96 Stat. 1357; Pub. L. 101–647, title XXXV, § 3517, Nov. 29, 1990, 104 Stat. 4923; Pub. L. 103–322, title XXXIII, § 330016(1)(H), (L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, § 606(a), Oct. 11, 1996, 110 Stat. 3511; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(13)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–421; Pub. L. 107–273, div. B, title IV, § 4002(d)(1)(B), Nov. 2, 2002, 116 Stat. 1809; Pub. L. 113–128, title V, § 512(ee), July 22, 2014, 128 Stat. 1718.) Editorial Notes REFERENCES IN TEXT The Workforce Innovation and Opportunity Act, re- ferred to in text, is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. Title I of the Act is classified generally to subchapter I (§ 3111 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. The Workforce Investment Act of 1998, referred to in text, is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936, and was repealed by Pub. L. 113–128, title V, §§ 506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, effective July 1, 2015. Title I of the Act was classified principally to former chapter 30 (former § 2801 et seq.) of Title 29, Labor. Pur- suant to section 3361(a) of Title 29, references to a pro- vision of the Workforce Investment Act of 1998 are deemed to refer to the corresponding provision of the Workforce Innovation and Opportunity Act, Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, effective July 1, 2015. For complete classification of this Act to the Code, see Tables. CODIFICATION Section 711(a) of Pub. L. 93–203, cited as a credit to this section, was omitted in the general revision of Pub. L. 93–203 by Pub. L. 95–524. AMENDMENTS 2014—Subsec. (a). Pub. L. 113–128, § 512(ee)(1), sub- stituted ‘‘Whoever, being an officer, director, agent, or employee of, or connected in any capacity with any agency or organization receiving financial assistance or any funds under title I of the Workforce Innovation and Opportunity Act or title I of the Workforce Invest- ment Act of 1998’’ for ‘‘Whoever, being an officer, direc- tor, agent, or employee of, or connected in any capac- ity with any agency or organization receiving financial assistance or any funds under the Job Training Part- nership Act or title I of the Workforce Investment Act of 1998’’. Subsec. (b). Pub. L. 113–128, § 512(ee)(2), substituted ‘‘a contract of employment in connection with a financial assistance agreement or contract under title I of the Workforce Innovation and Opportunity Act or title I of the Workforce Investment Act of 1998’’ for ‘‘a contract of employment in connection with a financial assist- ance agreement or contract under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998’’. Subsec. (c). Pub. L. 113–128, § 512(ee)(3), substituted ‘‘Whoever willfully obstructs or impedes or willfully endeavors to obstruct or impede, an investigation or in- quiry under title I of the Workforce Innovation and Op- portunity Act or title I of the Workforce Investment Act of 1998,’’ for ‘‘Whoever willfully obstructs or im- pedes or willfully endeavors to obstruct or impede, an investigation or inquiry under the Job Training Part- nership Act or title I of the Workforce Investment Act of 1998,’’. 2002—Subsec. (c). Pub. L. 107–273 substituted ‘‘a fine under this title’’ for ‘‘a fine of not more than $5,000’’. 1998—Subsecs. (a) to (c). Pub. L. 105–277 substituted ‘‘the Job Training Partnership Act or title I of the Workforce Investment Act of 1998’’ for ‘‘the Com- prehensive Employment and Training Act or the Job Training Partnership Act’’. 1996—Subsec. (a). Pub. L. 104–294 substituted ‘‘$1,000’’ for ‘‘$100’’. 1994—Subsec. (a). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’ after ‘‘such Act shall be’’ and for ‘‘fined not more than $1,000’’ after ‘‘person shall be’’. Subsec. (b). Pub. L. 103–322, § 330016(1)(H), substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. 1990—Pub. L. 101–647 substituted semicolons for co- lons in section catchline and ‘‘Whoever’’ for ‘‘Any per- son whoever’’ in subsec. (c).