§ 649. Custodians failing to deposit moneys; persons affected

Statutory text

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 Government Accountability 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.

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.

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.

1948
Pub. L. 80–645 · 62 Stat. 683
Enacted · 18 U.S.C. § 649
June 25, 1948, ch. 645, 62 Stat. 727
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 727
1994
Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 § 330016(2)(G) · 108 Stat. 1796
Substituted · 18 U.S.C. § 649(a)
Pub. L. 103–322, § 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”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–322, § 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”.
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;
1994
Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 § 330016(1)(H) · 108 Stat. 1796
Substituted · 18 U.S.C. § 649(a)
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”;
1996
Economic Espionage Act of 1996
Pub. L. 104–294 title VI § 606(a) · 110 Stat. 3488
Substituted · 18 U.S.C. § 649(a)
Pub. L. 104–294 substituted “$1,000” for “$100”
Source evidence
Code amendment note
Subsec. (a). 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”.
2004
GAO Human Capital Reform Act of 2004
Pub. L. 108–271 § 8(b) · 118 Stat. 811
Substituted · 18 U.S.C. § 649(a)
Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
Enacted provision · exact public law section
(b) References.— Any reference to the General Accounting Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Accountability Office.

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., §§ 177, 178 (Mar. 4, 1909, ch. 321, §§ 91, 92, 35 Stat. 1105; May 29, 1920, ch. 214, § 1, 41 Stat. 654; June 10, 1921, ch. 18, § 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.

Editorial Notes

Amendments1994–2004 · 3 rounds

2004

Subsec. (a). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.

1996

Subsec. (a). Pub. L. 104–294 substituted “$1,000” for “$100”.

1994

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

Executive Documents

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, §§ 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.

Credits

1948–2004 · 4 acts

1948June 25, 1948, ch. 645, 62 Stat. 727
1994Pub. L. 103–322, title XXXIII, § 330016(1)(H), (2)(G), Sept. 13, 1994, 108 Stat. 2147, 2148
1996Pub. L. 104–294, title VI, § 606(a), Oct. 11, 1996, 110 Stat. 3511
2004Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.

Show as published

(June 25, 1948, ch. 645, 62 Stat. 727; Pub. L. 103–322, title XXXIII, § 330016(1)(H), (2)(G), Sept. 13, 1994, 108 Stat. 2147, 2148; Pub. L. 104–294, title VI, § 606(a), Oct. 11, 1996, 110 Stat. 3511; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)