18 U.S.C. § 651: Disbursing officer falsely…

Summary

If a government officer who pays public money sends a creditor’s receipt or bill to the Government Accountability Office as if it had been paid, but did not actually pay the full amount to that creditor from the funds he had or was allowed to use, he can be punished. He can be fined under federal law or fined an amount equal to twice what he kept, whichever is larger, or jailed for up to two years, or both. If the amount kept is $1,000 or less, the penalty is a fine under federal law or up to one year in jail, or both.

Title 18, §651

Crimes and Criminal Procedure, Source: USLM XML via OLRC

Whoever, being an officer charged with the disbursement of the public moneys, accepts, receives, or transmits to the Government Accountability Office to be allowed in his favor any receipt or voucher from a creditor of the United States without having paid the full amount specified therein to such creditor in such funds as the officer received for disbursement, or in such funds as he may be authorized by law to take in exchange, 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 withheld does not exceed $1,000, 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., § 181 (Mar. 4, 1909, ch. 321, § 95, 35 Stat. 1106; June 10, 1921, ch. 18, § 304, 42 Stat. 24). The penalty provided by section 652 of this title, a similar section, was incorporated in this section. (For explanation of the smaller penalty for an offense involving $100 or less, see reviser’s notes under section 641 and 645 of this title.) Minor changes were made in phraseology.

Editorial Notes

Amendments

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

§651 Disbursing Officer Falsely Certifying Full Payment