§643 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

If a U.S. officer, employee, or agent takes public money they are not allowed to keep and fails to account for it as the law requires, they are guilty of embezzlement. They can be fined under federal law or fined an amount equal to the money taken (whichever is larger), imprisoned up to 10 years, or both. If the amount taken is $1,000 or less, the penalty is a federal fine or up to 1 year in jail, or both.

Title 18, §643

Crimes and Criminal Procedure — Source: USLM XML via OLRC

Whoever, being an officer, employee or agent of the United States or of any department or agency thereof, having received public money which he is not authorized to retain as salary, pay, or emolument, fails to render his accounts for the same as provided by law is guilty of embezzlement, and shall be fined under this title or in a sum equal to the amount of the money 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.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 176 (Mar. 4, 1909, ch. 321, § 90, 35 Stat. 1105). Word “employee” was inserted to avoid ambiguity as to scope of section. Words “or of any department or agency thereof” were added after the words “United States”. (See definitions of the terms “department” and “agency” in section 6 of this title.) Mandatory punishment provisions phrased in alternative. The smaller punishment for an offense involving $100 or less was added. (See reviser’s notes under section 641 and 645 of this title.)

Editorial Notes

Amendments

1996—Pub. L. 104–294 substituted “$1,000” for “$100”. 1994—Pub. L. 103–322, § 330016(2)(G), substituted “and shall be fined under this title or in a sum equal to the amount of the money embezzled, whichever is greater, or imprisoned” for “and shall be fined in a sum equal to the amount of the 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”.

§643 Accounting generally for public money