§ 652. — Disbursing officer paying lesser in lieu of lawful amount.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC652]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 31--EMBEZZLEMENT AND THEFT
Sec. 652. Disbursing officer paying lesser in lieu of lawful
amount
Whoever, being an officer, clerk, agent, employee, or other person
charged with the payment of any appropriation made by Congress, pays to
any clerk or other employee of the United States, or of any department
or agency thereof, a sum less than that provided by law, and requires
such employee to receipt or give a voucher for an amount greater than
that actually paid to and received by him, is guilty of embezzlement,
and shall be fined under this title or in double the amount so withheld,
whichever is greater, or imprisoned not more than two 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.
(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., Sec. 172 (Mar. 4, 1909, ch.
321, Sec. 86, 35 Stat. 1105).
Words ``or of any department or agency thereof,'' were inserted
after ``United States'' so as to eliminate any possible ambiguity as to
scope of section. (See definitive section 6 of this title.)
Mandatory punishment provision made in alternative.
The smaller punishment for an offense involving $100 or less was
added. (See reviser's note under sections 641, 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)(G), substituted ``shall be
fined under this title or in double the amount so withheld, whichever is
greater, or imprisoned'' for ``shall be fined in double the amount so
withheld 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''.
