§ 649. — Custodians failing to deposit moneys; persons affected.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC649]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 31--EMBEZZLEMENT AND THEFT
Sec. 649. Custodians failing to deposit moneys; persons affected
(a) Whoever, having money of the United States in his possession or
under his control, fails to deposit it with the Treasurer or some public
depositary of the United States, when required so to do by the Secretary
of the Treasury or the head of any other proper department or agency or
by the General Accounting Office, is guilty of embezzlement, and shall
be fined under this title or in a sum equal to the amount of money
embezzled, whichever is greater, or imprisoned not more than ten years,
or both; but if the amount embezzled is $1,000 or less, he shall be
fined under this title or imprisoned not more than one year, or both.
(b) This section and sections 643, 648, 650 and 653 of this title
shall apply to all persons charged with the safe-keeping, transfer, or
disbursement of the public money, whether such persons be charged as
receivers or depositaries of the same.
(June 25, 1948, ch. 645, 62 Stat. 727; 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., Secs. 177, 178 (Mar. 4, 1909,
ch. 321, Secs. 91, 92, 35 Stat. 1105; May 29, 1920, ch. 214, Sec. 1, 41
Stat. 654; June 10, 1921, ch. 18, Sec. 304, 42 Stat. 24).
Sections were consolidated.
Words ``or agency'' were inserted after ``department''. See
definition of ``agency'' in section 6 of this title.
Mandatory punishment provisions made in alternative.
The smaller punishment for an offense involving $100 or less was
inserted. (See reviser's notes under sections 641, 645 of this title.)
Minor changes were made in phraseology.
Amendments
1996--Subsec. (a). Pub. L. 104-294 substituted ``$1,000'' for
``$100''.
1994--Subsec. (a). 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 embezzled, whichever is greater, or imprisoned'' for ``shall be
fined in a sum equal to the amount of money 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.
