§ 664. Theft or embezzlement from employee benefit plan

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. 1962

   Welfare and Pension Plans Disclosure Act Amendments of 1962

   Pub. L. 87–420 § 17(a) · 76 Stat. 35

   Enacted · 18 U.S.C. § 664

   Added Pub. L. 87–420, § 17(a), Mar. 20, 1962, 76 Stat. 41

   Source evidence

   Code source credit
   Added Pub. L. 87–420, § 17(a), Mar. 20, 1962, 76 Stat. 41

   Enacted provision · exact public law section
   (a) Chapter 31 of title 18, United States Code, as amended, 18 USC 641–663. is amended by adding a new section captioned and reading as follows: “§664. Theft or embezzlement from employee benefit plan “Any person who embezzles, steals, or unlawfully and willfully abstracts or converts to his own use or to the use of another, any of the moneys, funds, securities, premiums, credits, property, or other assets of any employee welfare benefit plan or employee pension benefit plan, or of any fund connected therewith, shall be fined not more than $10,000, or imprisoned not more than five years, or both. “As used in this section, the term ‘any employee welfare benefit plan or employee pension benefit plan’ means any such plan subject to the provisions of the Welfare and Pension Plans Disclosure Act.”

2. 1974

   Employee Retirement Income Security Act of 1974

   Pub. L. 93–406 § 112(a)(2)(A) · 88 Stat. 829

   Substituted · 18 U.S.C. § 664

   Pub. L. 93–406, § 112(a)(2)(A), formerly § 111(a)(2)(A), as renumbered by Pub. L. 117–328, substituted “any employee benefit plan subject to any provision of title I of the Employee Retirement Income Security Act of 1974” for “any such plan subject to the provisions of the Welfare and Pension Plans Disclosure Act”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 93–406, § 112(a)(2)(A), formerly § 111(a)(2)(A), as renumbered by Pub. L. 117–328, substituted “any employee benefit plan subject to any provision of title I of the Employee Retirement Income Security Act of 1974” for “any such plan subject to the provisions of the Welfare and Pension Plans Disclosure Act”.

   Enacted provision · exact public law section
   (A) Section 664 of title 18, United States Code, is amended by striking out “any such plan subject to the provisions of the Welfare and Pension Plans Disclosure Act” and inserting in lieu thereof “any employee benefit plan subject to any provision of title I of the Employee Retirement Income Security Act of 1974”.

3. 1994

   Violent Crime Control and Law Enforcement Act of 1994

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

   Substituted · 18 U.S.C. § 664

   Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”

   Source evidence

   Code amendment note
   Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”.

   Enacted provision · exact public law section
   (L) in sections 33, 224, 231, 241, 245, 246, 286, 289, 332, 335, 337, 351, 371, 437, 440, 441, 493, 496, 500, 510, 545, 595, 599, 600, 601, 641, 664, 665, 667, 757, 792, 793, 798, 844, 892, 893, 894, 924, 952, 955, 962, 963, 964, 965, 966, 967, 970, 1001, 1002, 1003, 1019, 1020, 1022, 1023, 1027, 1082, 1084, 1115, 1202, 1361, 1362, 1364, 1365, 1385, 1461, 1462, 1464, 1587, 1623, 1654, 1656, 1735, 1737, 1751, 1902, 1903, 1904, 1910, 1951, 1952, 1953, 1954, 1958, 1992, 2101, 2113, 2153, 2154, 2155, 2156, 2231, 2232, 2271, 2274, 2275, 2314, 2315, 2383, 2386, 2387, 2388, and 2512 by striking “not more than $10,000” each place it appears and inserting “under this title”;

3 of 3 references resolved to an enrolled provision