18 U.S.C. § 3487: Refusal to pay as evidence…

Summary

Refusing to pay or transfer United States public money when a Government Accountability Office draft, order, or warrant, or a lawful demand by an authorized officer requires it, will be treated at trial as initial proof of embezzlement. This applies to anyone, in or out of office, who is responsible for holding, moving, or paying out those funds.

Title 18, §3487

Crimes and Criminal Procedure, Source: USLM XML via OLRC

The refusal of any person, whether in or out of office, charged with the safe-keeping, transfer, or disbursement of the public money to pay any draft, order, or warrant, drawn upon him by the Government Accountability Office, for any public money in his hands belonging to the United States, no matter in what capacity the same may have been received, or may be held, or to transfer or disburse any such money, promptly, upon the legal requirement of any authorized officer, shall be deemed, upon the trial of any indictment against such person for embezzlement, prima facie evidence of such embezzlement.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 180 (Mar. 4, 1909, ch. 321, § 94, 35 Stat. 1106; June 10, 1921, ch. 18, § 304, 42 Stat. 24). “General Accounting Office” was substituted for “proper accounting officer of the Treasury”.

Editorial Notes

Amendments

2004—Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.

§3487 Refusal to Pay as Evidence of Embezzlement