§ 153. — Embezzlement against estate.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC153]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 9--BANKRUPTCY
Sec. 153. Embezzlement against estate
(a) Offense.--A person described in subsection (b) who knowingly and
fraudulently appropriates to the person's own use, embezzles, spends, or
transfers any property or secretes or destroys any document belonging to
the estate of a debtor shall be fined under this title, imprisoned not
more than 5 years, or both.
(b) Person to Whom Section Applies.--A person described in this
subsection is one who has access to property or documents belonging to
an estate by virtue of the person's participation in the administration
of the estate as a trustee, custodian, marshal, attorney, or other
officer of the court or as an agent, employee, or other person engaged
by such an officer to perform a service with respect to the estate.
(June 25, 1948, ch. 645, 62 Stat. 690; Pub. L. 95-598, title III,
Sec. 314(a)(1), (d)(1), (2), Nov. 6, 1978, 92 Stat. 2676, 2677; Pub. L.
103-322, title XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat.
2147; Pub. L. 103-394, title III, Sec. 312(a)(1)(A), Oct. 22, 1994, 108
Stat. 4139; Pub. L. 104-294, title VI, Sec. 601(a)(1), Oct. 11, 1996,
110 Stat. 3497.)
Historical and Revision Notes
Based on section 52(a) of title 11, U.S.C., 1940 ed., Bankruptcy
(July 1, 1898, ch. 541, Sec. 29a, 30 Stat. 554; May 27, 1926, ch. 406,
Sec. 11 (part), 44 Stat. 665; June 22, 1938, ch. 575, Sec. 1 (part), 52
Stat. 855).
Minor changes were made in phraseology.
Amendments
1996--Subsec. (a). Pub. L. 104-294 substituted ``fined under this
title'' for ``fined not more than $5,000''.
1994--Pub. L. 103-394 amended section generally. Prior to amendment,
section read as follows: ``Whoever knowingly and fraudulently
appropriates to his own use, embezzles, spends, or transfers any
property or secretes or destroys any document belonging to the estate of
a debtor which came into his charge as trustee, custodian, marshal, or
other officer of the court, shall be fined under this title or
imprisoned not more than five years, or both.''
Pub. L. 103-322 substituted ``fined under this title'' for ``fined
not more than $5,000''.
1978--Pub. L. 95-598 struck out ``, receiver'' after ``trustee'' in
section catchline and in text struck out ``receiver,'' before
``custodian'' and substituted ``debtor'' for ``bankrupt''.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not
applicable with respect to cases commenced under Title 11, Bankruptcy,
before Oct. 22, 1994, see section 702 of Pub. L. 103-394, set out as a
note under section 101 of Title 11.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
402(a) of Pub. L. 95-598, set out as an Effective Date note preceding
section 101 of Title 11, Bankruptcy.
Savings Provision
Amendment by section 314 of Pub. L. 95-598 not to affect the
application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961 et
seq.), or section 2516, 3057, or 3284 of this title to any act of any
person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1,
1979, in connection with a case commenced before such date, see section
403(d) of Pub. L. 95-598, set out as a note preceding section 101 of
Title 11, Bankruptcy.
