§ 1711. — Misappropriation of postal funds.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1711]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 83--POSTAL SERVICE
Sec. 1711. Misappropriation of postal funds
Whoever, being a Postal Service officer or employee, loans, uses,
pledges, hypothecates, or converts to his own use, or deposits in any
bank, or exchanges for other funds or property, except as authorized by
law, any money or property coming into his hands or under his control in
any manner, in the execution or under color of his office, employment,
or service, whether or not the same shall be the money or property of
the United States; or fails or refuses to remit to or deposit in the
Treasury of the United States or in a designated depository, or to
account for or turn over to the proper officer or agent, any such money
or property, when required to do so by law or the regulations of the
Postal Service, or upon demand or order of the Postal Service, either
directly or through a duly authorized officer or agent, is guilty of
embezzlement; and every such person, as well as every other person
advising or knowingly participating therein, shall be fined under this
title or in a sum equal to the amount or value of the money or property
embezzled, whichever is greater, or imprisoned not more than ten years,
or both; but if the amount or value thereof does not exceed $1,000, he
shall be fined under this title or imprisoned not more than one year, or
both.
This section shall not prohibit any Postal Service officer or
employee from depositing, under the direction of the Postal Service, in
a national bank designated by the Secretary of the Treasury for that
purpose, to his own credit as Postal Service officer or employee, any
funds in his charge, nor prevent his negotiating drafts or other
evidences of debt through such bank, or through United States disbursing
officers, or otherwise, when instructed or required so to do by the
Postal Service, for the purpose of remitting surplus funds from one post
office to another.
(June 25, 1948, ch. 645, 62 Stat. 780; Pub. L. 91-375, Sec. 6(j)(21),
Aug. 12, 1970, 84 Stat. 778; Pub. L. 103-322, title XXXIII,
Sec. 330016(1)(H), (2)(G), Sept. 13, 1994, 108 Stat. 2147, 2148; Pub. L.
104-294, title VI, Sec. 606(a), Oct. 11, 1996, 110 Stat. 3511.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 355 (Mar. 4, 1909, ch.
321, Sec. 225, 35 Stat. 1133; June 10, 1921, ch. 18, Sec. 304, 42 Stat.
24).
Said section 355 was divided into two sections, this section and
section 3498 of this title.
The smaller punishment for an offense involving $100 or less was
added. (See reviser's notes under sections 641 and 645 of this title.)
Changes of phraseology only were made.
Amendments
1996--Pub. L. 104-294 substituted ``$1,000'' for ``$100'' in first
par.
1994--Pub. L. 103-322, Sec. 330016(2)(G), in first par., substituted
``be fined under this title or in a sum equal to the amount or value of
the money or property embezzled, whichever is greater, or imprisoned''
for ``be fined in a sum equal to the amount or value of the money or
property embezzled or imprisoned''.
Pub. L. 103-322, Sec. 330016(1)(H), in first par., substituted
``fined under this title'' for ``fined not more than $1,000'' after ``he
shall be''.
1970--Pub. L. 91-375 substituted ``Postal Service officer or
employee'' and ``Postal Service'' for ``postmaster or Postal Service
employee'' and ``Post Office Department'' in first par., ``Postal
Service officer or employee'' for ``Postmaster'' in two places in second
par., and ``Postal Service'' for ``Postmaster General'' once in first
par. after ``order of the'' and twice in second par., respectively.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
