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

Summary

A U.S. disbursing officer, or someone acting as one, who takes public money given to them for personal use, lends it, puts it somewhere it should not be, or uses, withdraws, transfers, or applies it for a purpose not allowed by law is guilty of embezzlement. They can be fined as federal law allows or fined up to the amount taken—whichever is greater—or go to prison for up to 10 years, or both. If the amount taken is $1,000 or less, the punishment is a fine or up to 1 year in jail, or both.

Title 18, §653

Crimes and Criminal Procedure — Source: USLM XML via OLRC

Whoever, being a disbursing officer of the United States, or any department or agency thereof, or a person acting as such, in any manner converts to his own use, or loans with or without interest, or deposits in any place or in any manner, except as authorized by law, any public money intrusted to him; or, for any purpose not prescribed by law, withdraws from the Treasury or any authorized depositary, or transfers, or applies, any portion of the public money intrusted to him, is guilty of embezzlement of the money so converted, loaned, deposited, withdrawn, transferred, or applied, and shall be fined under this title or not more than the amount embezzled, whichever is greater, or imprisoned not more than ten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.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 173 (Mar. 4, 1909, ch. 321, § 87, 35 Stat. 1105; May 29, 1920, ch. 214, § 1, 41 Stat. 654). Words “or 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.) 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 not more than the amount embezzled, whichever is greater, or imprisoned” for “shall be fined not more than the amount 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”.

§653 Disbursing officer misusing public funds