§ 153. Embezzlement against estate

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1948

   Pub. L. 80–645 · 62 Stat. 683

   Enacted · 18 U.S.C. § 153

   June 25, 1948, ch. 645, 62 Stat. 690

   Source evidence

   Code source credit
   June 25, 1948, ch. 645, 62 Stat. 690

2. 1978

   Pub. L. 95–598 title III § 314(a)(1) · 92 Stat. 2549

   1. Struck · 18 U.S.C. § 153

      Pub. L. 95–598 struck out “, receiver” after “trustee” in section catchline and in text struck out “receiver,” before “custodian”

   2. Substituted · 18 U.S.C. § 153

      Pub. L. 95–598 substituted “debtor” for “bankrupt”

   Source evidence

   Code amendment note
   Pub. L. 95–598 struck out “, receiver” after “trustee” in section catchline and in text struck out “receiver,” before “custodian” and substituted “debtor” for “bankrupt”.

   Enacted provision · exact public law section
   (1) by striking out “bankrupt” each place it appears and inserting “debtor” in lieu thereof;

3. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 title XXXIII § 330016(1)(K) · 108 Stat. 1796

   Substituted · 18 U.S.C. § 153

   Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000”.

   Enacted provision · exact public law section
   (K) in sections 35, 81, 112, 152, 153, 155, 212, 213, 214, 285, 334, 351, 435, 436, 438, 471, 472, 473, 476, 477, 478, 481, 485, 487, 488, 497, 498, 505, 506, 508, 509, 541, 542, 543, 544, 546, 547, 548, 549, 550, 551, 552, 592, 593, 602, 603, 606, 607, 642, 655, 658, 659, 660, 661, 663, 751, 799, 844, 872, 874, 875, 876, 877, 878, 914, 915, 924, 953, 954, 956, 1004, 1010, 1011, 1015, 1017, 1025, 1028, 1071, 1073, 1074, 1163, 1169, 1231, 1265, 1363, 1421, 1422, 1423, 1424, 1425, 1426, 1427, 1428, 1429, 1461, 1462, 1463, 1465, 1503, 1505, 1506, 1507, 1510, 1581, 1582, 1583, 1584, 1585, 1588, 1658, 1659, 1717, 1732, 1735, 1737, 1751, 1906, 1907, 1908, 1909, 1915, 1991, 2072, 2073, 2113, 2217, 2152, 2197, 2231, 2244, 2314, 2316, 2317, 2344, and 2701 by striking “not more than $5,000” each place it appears and inserting “under this title”;

4. 1994

   Bankruptcy Reform Act of 1994

   Pub. L. 103–394 title III § 312(a)(1)(A) · 108 Stat. 4106

   Amended · 18 U.S.C. § 153

   Pub. L. 103–394 amended section generally. Prior to amendment, section read as follows: “Whoever knowingly and fraudulently appropriates to his own use, embezzles, spends, or transfers any property or secretes or destroys any document belonging to the estate of a debtor which came into his charge as trustee, custodian, marshal, or other officer of the court, shall be fined under this title or imprisoned not more than five years, or both.”

   Source evidence

   Code amendment note
   Pub. L. 103–394 amended section generally. Prior to amendment, section read as follows: “Whoever knowingly and fraudulently appropriates to his own use, embezzles, spends, or transfers any property or secretes or destroys any document belonging to the estate of a debtor which came into his charge as trustee, custodian, marshal, or other officer of the court, shall be fined under this title or imprisoned not more than five years, or both.”

   Enacted provision · exact public law section
   (A) by amending sections 152, 153, and 154 to read as follows: “§ 152. Concealment of assets; false oaths and claims; bribery “A person who— “(1) knowingly and fraudulently conceals from a custodian, trustee, marshal, or other officer of the court charged with the control or custody of property, or, in connection with a case under title 11, from creditors or the United States Trustee, any property belonging to the estate of a debtor; “(2) knowingly and fraudulently makes a false oath or account in or in relation to any case under title 11; “(3) knowingly and fraudulently makes a false declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, in or in relation to any case under title 11; “(4) knowingly and fraudulently presents any false claim for proof against the estate of a debtor, or uses any such claim in any case under title 11, in a personal capacity or as or through an agent, proxy, or attorney; “(5) knowingly and fraudulently receives any material amount of property from a debtor after the filing of a case under title 11, with intent to defeat the provisions of title 11; “(6) knowingly and fraudulently gives, offers, receives, or attempts to obtain any money or property, remuneration, compensation, reward, advantage, or promise thereof for acting or forbearing to act in any case under title 11; “(7) in a personal capacity or as an agent or officer of any person or corporation, in contemplation of a case under title 11 by or against the person or any other person or corporation, or with intent to defeat the provisions of title 11, knowingly and fraudulently transfers or conceals any of his property or the property of such other person or corporation; “(8) after the filing of a case under title 11 or in contemplation thereof, knowingly and fraudulently conceals, destroys, mutilates, falsifies, or makes a false entry in any recorded information (including books, documents, records, and papers) relating to the property or financial affairs of a debtor; or “(9) after the filing of a case under title 11, knowingly and fraudulently withholds from a custodian, trustee, marshal, or other officer of the court or a United States Trustee entitled to its possession, any recorded information (including books, documents, records, and papers) relating to the property or financial affairs of a debtor, shall be fined not more than $5,000, imprisoned not more than 5 years, or both. “§ 153. Embezzlement against estate “(a) Offense.— A person described in subsection (b) who knowingly and fraudulently appropriates to the person’s own use, embezzles, spends, or transfers any property or secretes or destroys any document belonging to the estate of a debtor shall be fined not more than $5,000, imprisoned not more than 5 years, or both. “(b) Person to Whom Section Applies.— A person described in this subsection is one who has access to property or documents belonging to an estate by virtue of the person’s participation in the administration of the estate as a trustee, custodian, marshal, attorney, or other officer of the court or as an agent, employee, or other person engaged by such an officer to perform a service with respect to the estate. “§ 154. Adverse interest and conduct of officers A person who, being a custodian, trustee, marshal, or other officer of the court— “(1) knowingly purchases, directly or indirectly, any property of the estate of which the person is such an officer in a case under title 11; “(2) knowingly refuses to permit a reasonable opportunity for the inspection by parties in interest of the documents and accounts relating to the affairs of estates in the person’s charge by parties when directed by the court to do so; or “(3) knowingly refuses to permit a reasonable opportunity for the inspection by the United States Trustee of the docu-ments and accounts relating to the affairs of an estate in the person’s charge, shall be fined not more than $5,000 and shall forfeit the person’s office, which shall thereupon become vacant.”; and

   Effective date note
   Amendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as a note under section 101 of Title 11.

5. 1996

   Economic Espionage Act of 1996

   Pub. L. 104–294 title VI § 601(a)(1) · 110 Stat. 3488

   Substituted · 18 U.S.C. § 153(a)

   Pub. L. 104–294 substituted “fined under this title” for “fined not more than $5,000”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–294 substituted “fined under this title” for “fined not more than $5,000”.

   Enacted provision · exact public law section
   (1) Sections 152, 153, 154, and 610 of title 18, United States Code, are each amended by striking “fined not more than $5,000” and inserting “fined under this title”.

5 of 6 references resolved to an enrolled provision · 1 partial