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

Summary

It is a crime for someone who is not allowed to hold government money to knowingly take public funds from a U.S. agent (for example, a disbursing officer or a collector of internal revenue), whether as a deposit, loan, or other form, and then use, transfer, convert, or apply that money for a purpose not allowed by law. If convicted, the person can be hit with a federal fine (or a fine up to the amount taken, whichever is greater), or punished by up to 10 years in prison, or both. If the amount taken is $1,000 or less, the fine is up to $1,000 or up to 1 year in prison, or both.

Title 18, §644

Crimes and Criminal Procedure — Source: USLM XML via OLRC

Whoever, not being an authorized depositary of public moneys, knowingly receives from any disbursing officer, or collector of internal revenue, or other agent of the United States, any public money on deposit, or by way of loan or accommodation, with or without interest, or otherwise than in payment of a debt against the United States, or uses, transfers, converts, appropriates, or applies any portion of the public money for any purpose not prescribed by law is guilty of embezzlement and shall be fined under this title or not more than the amount 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 not more than $1,000 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., § 182 (Mar. 4, 1909, ch. 321, § 96, 35 Stat. 1106). The smaller punishment for an offense involving $100 or less was added. (See reviser’s notes under section 641 and 645 of this title.) Changes were made in phraseology.

Editorial Notes

Amendments

1996—Pub. L. 104–294 substituted “does not exceed $1,000” for “does not exceed $100”. 1994—Pub. L. 103–322 substituted “shall be fined under this title or not more than the amount so embezzled, whichever is greater, or imprisoned” for “shall be fined not more than the amount so embezzled or imprisoned”.

§644 Banker Receiving Unauthorized Deposit of Public Money