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Title 18 — Crimes and Criminal Procedure

Part I · Chapter 31 — Embezzlement and Theft

§ 648. Custodians, generally, misusing public funds

Statutory text

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.

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. Pub. L. 80–645 · 62 Stat. 683

    Enacted · 18 U.S.C. § 648

    June 25, 1948, ch. 645, 62 Stat. 727

    Source evidence

    Code source credit
    June 25, 1948, ch. 645, 62 Stat. 727

  2. Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990

    Pub. L. 101–647 title XXV § 2597(d) · 104 Stat. 4789

    Inserted · 18 U.S.C. § 648

    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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (d) Custodians, Generally, Misusing Public Funds.— Section 648 of title 18, United States Code, is amended by inserting “, 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”.

  3. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 330016(2)(G) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 648

    Pub. L. 103–322, § 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”

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 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”.

    Enacted provision · exact public law section
    (G) in sections 643, 644, 645, 647, 648, 649, 650, 651, 652, 653, and 1711 by inserting “under this title or” after “be fined” the first place it appears; and by inserting “, whichever is greater,” before “or imprisoned” the first place it appears;

  4. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 330016(1)(H) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 648

    Pub. L. 103–322, § 330016(1)(H), substituted “fined under this title” for “fined not more than $1,000” after “he shall be”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 330016(1)(H), substituted “fined under this title” for “fined not more than $1,000” after “he shall be”.

    Enacted provision · exact public law section
    (H) in sections 81, 210, 211, 215, 217, 242, 245, 291, 292, 439, 442, 480, 483, 484, 490, 491, 494, 495, 503, 507, 510, 594, 595, 596, 597, 598, 599, 604, 605, 641, 643, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 661, 662, 665, 712, 751, 752, 756, 795, 796, 797, 836, 844, 871, 875, 876, 877, 879, 911, 912, 913, 924, 957, 959, 961, 1003, 1012, 1021, 1025, 1026, 1071, 1112, 1163, 1262, 1263, 1264, 1301, 1302, 1304, 1306, 1341, 1342, 1343, 1361, 1363, 1384, 1504, 1508, 1509, 1657, 1705, 1706, 1707, 1711, 1715, 1716, 1733, 1738, 1761, 1762, 2276, 2277, 2278, 2382, and 2389 by striking “not more than $1,000” each place it appears and inserting “under this title”;

  5. Economic Espionage Act of 1996

    Pub. L. 104–294 title VI § 606(a) · 110 Stat. 3488

    Substituted · 18 U.S.C. § 648

    Pub. L. 104–294 substituted “$1,000” for “$100”

    Source evidence

    Code amendment note
    Pub. L. 104–294 substituted “$1,000” for “$100”.

    Enacted provision · exact public law section
    (a) Sections 215, 288, 641, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 661, 662, 665, 872, 1003, 1025, 1163, 1361, 1707, 1711, and 2113 of title 18, United States Code, are amended by striking “$100” each place it appears and inserting “$1,000”.

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

Notes

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 175 (Mar. 4, 1909, ch. 321, § 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.

Editorial Notes

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.

Amendments1990–1996 · 3 rounds

1996

Pub. L. 104–294 substituted “$1,000” for “$100”.

1994

Pub. L. 103–322, § 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, § 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”.

Credits

1948–1996 · 4 acts
  1. 1948June 25, 1948, ch. 645, 62 Stat. 727
  2. 1990Pub. L. 101–647, title XXV, § 2597(d), , 104 Stat. 4909
  3. 1994Pub. L. 103–322, title XXXIII, § 330016(1)(H), (2)(G), , 108 Stat. 2147, 2148
  4. 1996Pub. L. 104–294, title VI, § 606(a), , 110 Stat. 3511.
Show as published

(June 25, 1948, ch. 645, 62 Stat. 727; Pub. L. 101–647, title XXV, § 2597(d), , 104 Stat. 4909; Pub. L. 103–322, title XXXIII, § 330016(1)(H), (2)(G), , 108 Stat. 2147, 2148; Pub. L. 104–294, title VI, § 606(a), , 110 Stat. 3511.)

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USLM identifier /us/usc/t18/s648