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

Summary

If a U.S. court officer — like a marshal, clerk, receiver, referee, trustee, or their deputy, assistant, or employee — keeps or uses money that came to them because of their job, or keeps it after the rightful person asks for it, they commit embezzlement. If no other federal law sets a different punishment, they can be fined under federal law or fined up to twice the amount stolen, whichever is higher, or jailed up to 10 years, or both. If the amount is $1,000 or less, the fine or jail time is up to 1 year, or both. Having any interest in the money is not a valid defense.

Title 18, §645

Crimes and Criminal Procedure — Source: USLM XML via OLRC

Whoever, being a United States marshal, clerk, receiver, referee, trustee, or other officer of a United States court, or any deputy, assistant, or employee of any such officer, retains or converts to his own use or to the use of another or after demand by the party entitled thereto, unlawfully retains any money coming into his hands by virtue of his official relation, position or employment, is guilty of embezzlement and shall, where the offense is not otherwise punishable by enactment of Congress, be fined under this title or not more than double the value of the 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. It shall not be a defense that the accused person had any interest in such moneys or fund.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 186 (May 29, 1920, ch. 212, 41 Stat. 630). The smaller punishment for an offense involving $100 or less was inserted to conform to section 641 of this title which represents a later expression of congressional intent. Minor changes were made in phraseology.

Editorial Notes

Amendments

1996—Pub. L. 104–294 substituted “$1,000” for “$100”. 1994—Pub. L. 103–322, § 330016(2)(G), substituted “be fined under this title or not more than double the value of the money so embezzled, whichever is greater, or imprisoned” for “be fined not more than double the value of the 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”.

§645 Court officers generally