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

Summary

If a person has U.S. government money and is told by the Secretary of the Treasury, a head of another federal agency, or the Government Accountability Office to deposit it with the Treasurer or a public depositary and does not, they commit embezzlement. They can be fined under federal law or fined the amount taken (the larger amount), jailed up to 10 years, or both; if the amount is $1,000 or less, jail is up to 1 year. Sections 643, 648, 650, 653 and this section apply to anyone who keeps, transfers, or pays out public money, no matter what their job title is.

Title 18, §649

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)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.

(b)This section and section 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.

Notes & Related Subsidiaries

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 section 641, 645 of this title.) Minor changes were made in phraseology.

Editorial Notes

Amendments

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.

§649 Custodians failing to deposit moneys; persons affected