18 U.S.C. § 646: Court officers depositing…

Summary

A U.S. court clerk or officer who does not promptly put money the court holds into the U.S. Treasurer or a designated federal depositary in the court’s name, or who keeps or uses that money for themselves or someone else, commits embezzlement. If more than $1,000 is taken, the person can be fined under federal law or up to the amount stolen (whichever is larger), jailed up to ten years, or both. If $1,000 or less is taken, the penalty is a federal fine or up to one year in jail, or both. The court can still order the money released if the parties agree and provide security.

Title 18, §646

Crimes and Criminal Procedure, Source: USLM XML via OLRC

Whoever, being a clerk or other officer of a court of the United States, fails to deposit promptly any money belonging in the registry of the court, or paid into court or received by the officers thereof, with the Treasurer or a designated depositary of the United States, in the name and to the credit of such court, or retains or converts to his own use or to the use of another any such money, is guilty of embezzlement 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 does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both. This section shall not prevent the delivery of any such money upon security, according to agreement of parties, under the direction of the court.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 185 (Mar. 4, 1909, ch. 321, § 99, 35 Stat. 1106; May 29, 1920, ch. 214, § 1, 41 Stat. 654). The smaller punishment for an offense involving $100 or less was inserted for the reasons outlined in reviser’s notes to section 641 and 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)(H), 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”.

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.

§646 Court Officers Depositing Registry Moneys