§ 653. Disbursing officer misusing public funds

Statutory text

Whoever, being a disbursing officer of the United States, or any department or agency thereof, or a person acting as such, in any manner converts to his own use, or loans with or without interest, or deposits in any place or in any manner, except as authorized by law, any public money intrusted to him; or, for any purpose not prescribed by law, withdraws from the Treasury or any authorized depositary, or transfers, or applies, any portion of the public money intrusted to him, is guilty of embezzlement of the money so converted, loaned, deposited, withdrawn, transferred, or applied, and shall be fined under this title or not more than the amount embezzled, whichever is greater, or imprisoned not more than ten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.

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. § 653
June 25, 1948, ch. 645, 62 Stat. 728
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 728
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. § 653
Pub. L. 103–322, § 330016(2)(G), substituted “shall be fined under this title or not more than the amount embezzled, whichever is greater, or imprisoned” for “shall be fined not more than the amount embezzled or imprisoned”
Source evidence
Code amendment note
Pub. L. 103–322, § 330016(2)(G), substituted “shall be fined under this title or not more than the amount embezzled, whichever is greater, or imprisoned” for “shall be fined not more than the amount 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. § 653
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. § 653
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”.

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

Notes

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 173 (Mar. 4, 1909, ch. 321, § 87, 35 Stat. 1105; May 29, 1920, ch. 214, § 1, 41 Stat. 654).

Words “or 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.)

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.

Editorial Notes

Amendments1994–1996 · 2 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 not more than the amount embezzled, whichever is greater, or imprisoned” for “shall be fined not more than the amount 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”.

Credits

1948–1996 · 3 acts

1948June 25, 1948, ch. 645, 62 Stat. 728
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.

Show as published

(June 25, 1948, ch. 645, 62 Stat. 728; 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.)