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

Summary

If someone who is in charge of paying money Congress approved gives a federal worker less than the law says and makes that worker sign for a larger amount, that person has committed embezzlement. They can be fined under federal law or forced to pay twice the amount taken, whichever is larger, and/or go to jail for up to 2 years. If the amount taken is $1,000 or less, the jail time is up to 1 year.

Title 18, §652

Crimes and Criminal Procedure — Source: USLM XML via OLRC

Whoever, being an officer, clerk, agent, employee, or other person charged with the payment of any appropriation made by Congress, pays to any clerk or other employee of the United States, or of any department or agency thereof, a sum less than that provided by law, and requires such employee to receipt or give a voucher for an amount greater than that actually paid to and received by him, is guilty of embezzlement, and shall be fined under this title or in double the amount so withheld, whichever is greater, or imprisoned not more than two 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.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 172 (Mar. 4, 1909, ch. 321, § 86, 35 Stat. 1105). Words “or of 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.) Mandatory punishment provision made in alternative. The smaller punishment for an offense involving $100 or less was added. (See reviser’s note under section 641, 645 of this title.) 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 “shall be fined under this title or in double the amount so withheld, whichever is greater, or imprisoned” for “shall be fined in double the amount so withheld 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”.

§652 Disbursing officer paying lesser in lieu of lawful amount