§ 660. — Carrier's funds derived from commerce; State prosecutions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC660]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 31--EMBEZZLEMENT AND THEFT
Sec. 660. Carrier's funds derived from commerce; State
prosecutions
Whoever, being a president, director, officer, or manager of any
firm, association, or corporation engaged in commerce as a common
carrier, or whoever, being an employee of such common carrier riding in
or upon any railroad car, motortruck, steamboat, vessel, aircraft or
other vehicle of such carrier moving in interstate commerce, embezzles,
steals, abstracts, or willfully misapplies, or willfully permits to be
misapplied, any of the moneys, funds, credits, securities, property, or
assets of such firm, association, or corporation arising or accruing
from, or used in, such commerce, in whole or in part, or willfully or
knowingly converts the same to his own use or to the use of another,
shall be fined under this title or imprisoned not more than ten years,
or both.
The offense shall be deemed to have been committed not only in the
district where the violation first occurred but also in any district in
which the defendant may have taken or had possession of such moneys,
funds, credits, securities, property or assets.
A judgment of conviction or acquittal on the merits under the laws
of any State shall be a bar to any prosecution hereunder for the same
act or acts.
(June 25, 1948, ch. 645, 62 Stat. 730; Pub. L. 103-322, title XXXIII,
Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Secs. 409, 412 (Feb. 13, 1913,
ch. 50, Sec. 1, 37 Stat. 670; Oct. 15, 1914, ch. 323, Sec. 9, 38 Stat.
733; Jan. 28, 1925, ch. 102, 43 Stat. 793; Jan. 21, 1933, ch. 16, 47
Stat. 773; July 24, 1946, ch. 606, 60 Stat. 656).
Section consolidates a portion of section 409 with section 412, both
of title 18, U.S.C., 1940 ed. Other provisions of said section 409 are
incorporated in sections 659 and 2117 of this title.
Definitive language in section 412 of title 18, U.S.C., 1940 ed., as
to offense being a felony was deleted to conform with section 1 of this
title. (See reviser's note under section 550 of this title.)
Words ``imprisoned'' was substituted for ``confined in the
penitentiary'' in section 412 of title 18, U.S.C., 1940 ed., in view of
power of Attorney General under section 4082 of this title.
Minimum punishment provision ``less than one year nor'' in section
412 of title 18, U.S.C., 1940 ed., was omitted for reasons in reviser's
note under section 203 of this title.
Maximum fine of $5,000 was substituted for minimum fine of $500 in
section 412 of title 18, U.S.C., 1940 ed., as being more consonant with
the scheme of penalties and offenses provided by Congress for most
sections in this chapter.
Sentence in section 412 of title 18, U.S.C., 1940 ed., ``Nothing in
this section shall be held to take away or impair the jurisdiction of
the several courts under the laws thereof;'', was omitted in view of
section 3231 of this title.
Changes were made in phraseology.
Amendments
1994--Pub. L. 103-322 substituted ``fined under this title'' for
``fined not more than $5,000'' in first par.
