§ 648. — Custodians, generally, misusing public 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: 18USC648]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 31--EMBEZZLEMENT AND THEFT
Sec. 648. Custodians, generally, misusing public funds
Whoever, being an officer or other person charged by any Act of
Congress with the safe-keeping of the public moneys, loans, uses, or
converts to his own use, or deposits in any bank, including any branch
or agency of a foreign bank (as such terms are defined in paragraphs (1)
and (3) of section 1(b) of the International Banking Act of 1978), or
exchanges for other funds, except as specially allowed by law, any
portion of the public moneys intrusted to him for safe-keeping, is
guilty of embezzlement of the money so loaned, used, converted,
deposited, or exchanged, and shall be fined under this title or in a sum
equal to the amount of money so 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.
(June 25, 1948, ch. 645, 62 Stat. 727; Pub. L. 101-647, title XXV,
Sec. 2597(d), Nov. 29, 1990, 104 Stat. 4909; 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. 175 (Mar. 4, 1909, ch.
321, Sec. 89, 35 Stat. 1105).
Mandatory punishment provision was rephrased in the alternative.
The smaller punishment for an offense involving $100 or less was
inserted. (See reviser's notes under sections 641 and 645 of this
title.)
Minor changes in phraseology were made.
References in Text
Section 1(b) of the International Banking Act of 1978, referred to
in text, is classified to section 3101 of Title 12, Banks and Banking.
Amendments
1996--Pub. L. 104-294 substituted ``$1,000'' for ``$100''.
1994--Pub. L. 103-322, Sec. 330016(2)(G), substituted ``shall be
fined under this title or in a sum equal to the amount of money so
embezzled, whichever is greater, or imprisoned'' for ``shall be fined in
a sum equal to the amount of money so 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''.
1990--Pub. L. 101-647 inserted ``, including any branch or agency of
a foreign bank (as such terms are defined in paragraphs (1) and (3) of
section 1(b) of the International Banking Act of 1978),'' after ``or
deposits in any bank''.
Section Referred to in Other Sections
This section is referred to in section 649 of this title; title 8
section 1363a; title 19 section 2081; title 26 section 7608.
