§ 646. — Court officers depositing registry moneys.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC646]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 31--EMBEZZLEMENT AND THEFT
Sec. 646. Court officers depositing registry moneys
Whoever, being a clerk or other officer of a court of the United
States, fails to deposit promptly any money belonging in the registry of
the court, or paid into court or received by the officers thereof, with
the Treasurer or a designated depositary of the United States, in the
name and to the credit of such court, or retains or converts to his own
use or to the use of another any such money, is guilty of embezzlement
and shall be fined under this title or not more than the amount
embezzled, whichever is greater, or imprisoned not more than ten years,
or both; but if the amount embezzled 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 prevent the delivery of any such money upon
security, according to agreement of parties, under the direction of the
court.
(June 25, 1948, ch. 645, 62 Stat. 726; Pub. L. 103-322, title XXXIII,
Sec. 330016(1)(H), (2)(H), 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. 185 (Mar. 4, 1909, ch.
321, Sec. 99, 35 Stat. 1106; May 29, 1920, ch. 214, Sec. 1, 41 Stat.
654).
The smaller punishment for an offense involving $100 or less was
inserted for the reasons outlined in reviser's notes to sections 641 and
645 of this title.
Minor changes were made in phraseology.
Amendments
1996--Pub. L. 104-294 substituted ``$1,000'' for ``$100''.
1994--Pub. L. 103-322, Sec. 330016(2)(H), substituted ``shall be
fined under this title or not more than the amount embezzled, whichever
is greater, or imprisoned'' for ``shall be fined not more than the
amount embezzled, or imprisoned''.
Pub. L. 103-322, Sec. 330016(1)(H), substituted ``fined under this
title'' for ``fined not more than $1,000'' after ``he shall be''.
Transfer of Functions
Functions of all officers of Department of the Treasury, and
functions of all agencies and employees of such Department, transferred,
with certain exceptions, to Secretary of the Treasury, with power vested
in him to authorize their performance or performance of any of his
functions, by any of such officers, agencies, and employees, by Reorg.
Plan No. 26 of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64
Stat. 1280, 1281, set out in the Appendix to Title 5, Government
Organization and Employees. The Treasurer of the United States, referred
to in this section, is an officer of Department of the Treasury.
