§ 641. Public money, property or records
Summary
These two pages of Title 18, Crimes and Criminal Procedure, print section 641, Public money, property or records. It makes it a crime to embezzle, steal, purloin or knowingly convert any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or to receive or retain such property knowing it was embezzled or stolen. The penalty is a fine under this title or imprisonment, but if the value does not exceed the sum of $1,000, the maximum term is not more than one year. 'Value' means face, par, or market value, or cost price, whichever is greater. The amendment notes record that Pub. L. 104–294 substituted '$1,000' for '$100' in 1996 and that Pub. L. 108–275 added the aggregate-value wording in 2004. The pages also list the sections of Chapter 31, Embezzlement and Theft, and print sections 642 and 643.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
§ 641 TITLE 18—CRIMES AND CRIMINAL PROCEDURE Page 152
Section 617, added Pub. L. 93–443, title I, § 101(f)(1),
Oct. 15, 1974, 88 Stat. 1268, prohibited fraudulent mis-
representation of campaign authority. See section 30124
of Title 52, Voting and Elections.
Statutory Notes and Related Subsidiaries
SAVINGS PROVISION
Repeal by Pub. L. 94–283 not to release or extinguish
any penalty, forfeiture, or liability incurred under such
sections, with each section to be treated as remaining
in force for the purpose of sustaining any proper action
or prosecution for the enforcement of any penalty, for-
feiture, or liability, see section 114 of Pub. L. 94–283, set
out as a note under section 441 of Title 2, The Congress.
CHAPTER 31—EMBEZZLEMENT AND THEFT
Sec.
641. Public money, property or records.
642. Tools and materials for counterfeiting pur-
poses.
643. Accounting generally for public money.
644. Banker receiving unauthorized deposit of
public money.
645. Court officers generally.
646. Court officers depositing registry moneys.
647. Receiving loan from court officer.
648. Custodians, generally, misusing public funds.
649. Custodians failing to deposit moneys; persons
affected.
650. Depositaries failing to safeguard deposits.
651. Disbursing officer falsely certifying full pay-
ment.
652. Disbursing officer paying lesser in lieu of law-
ful amount.
653. Disbursing officer misusing public funds.
654. Officer or employee of United States con-
verting property of another.
655. Theft by bank examiner.
656. Theft, embezzlement, or misapplication by
bank officer or employee.
657. Lending, credit and insurance institutions.
658. Property mortgaged or pledged to farm credit
agencies.
659. Interstate or foreign shipments by carrier;
State prosecutions.
660. Carrier’s funds derived from commerce; State
prosecutions.
661. Within special maritime and territorial juris-
diction.
662. Receiving stolen property,1 within special
maritime and territorial jurisdiction.
663. Solicitation or use of gifts.
664. Theft or embezzlement from employee benefit
plan.
665. Theft or embezzlement from employment and
training funds; improper inducement; ob-
struction of investigations.
666. Theft or bribery concerning programs receiv-
ing Federal funds.
667. Theft of livestock.
668. Theft of major artwork.
669. Theft or embezzlement in connection with
health care.
670. Theft of medical products.
Editorial Notes
AMENDMENTS
2012—Pub. L. 112–186, § 2(b), Oct. 5, 2012, 126 Stat. 1428,
added item 670.
1996—Pub. L. 104–294, title VI, § 601(f)(7), Oct. 11, 1996,
110 Stat. 3500, inserted comma after ‘‘embezzlement’’ in
item 656.
Pub. L. 104–191, title II, § 243(b), Aug. 21, 1996, 110 Stat.
2017, added item 669.
1 So in original. Does not conform to section catchline.
1994—Pub. L. 103–322, title XXXII, § 320902(d)(1), Sept.
13, 1994, 108 Stat. 2124, added item 668.
1984—Pub. L. 98–473, title II, §§ 1104(b), 1112, Oct. 12,
1984, 98 Stat. 2144, 2149, added items 666 and 667.
1978—Pub. L. 95–524, § 3(b), Oct. 27, 1978, 92 Stat. 2018,
substituted ‘‘employment and training funds’’ for
‘‘manpower funds’’ and inserted ‘‘; obstruction of inves-
tigations’’ after ‘‘improper inducement’’ in item 665.
1973—Pub. L. 93–203, title VII, § 711(b), formerly title
VI, § 611(b), Dec. 28, 1973, 87 Stat. 882, renumbered Pub.
L. 93–567, title I, § 101, Dec. 31, 1974, 88 Stat. 1845, added
item 665.
1966—Pub. L. 89–654, § 1(e), Oct. 14, 1966, 80 Stat. 904,
substituted ‘‘shipments by carrier’’ for ‘‘baggage, ex-
press or freight’’ in item 659.
1962—Pub. L. 87–420, § 17(b), Mar. 20, 1962, 76 Stat. 42,
added item 664.
Statutory Notes and Related Subsidiaries
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
Application of general penal statutes relating to lar-
ceny, embezzlement, or conversion of public moneys or
property of the United States, to moneys and property
of Saint Lawrence Seaway Development Corporation,
see section 990 of Title 33, Navigation and Navigable
Waters.
[Reference to Saint Lawrence Seaway Development
Corporation deemed to be reference to the Great Lakes
St. Lawrence Seaway Development Corporation, see
section 512(b) of div. AA of Pub. L. 116–260, set out as
a note under section 981 of Title 33, Navigation and
Navigable Waters.]
§ 641. Public money, property or records
Whoever embezzles, steals, purloins, or know-
ingly converts to his use or the use of another,
or without authority, sells, conveys or disposes
of any record, voucher, money, or thing of value
of the United States or of any department or
agency thereof, or any property made or being
made under contract for the United States or
any department or agency thereof; or
Whoever receives, conceals, or retains the
same with intent to convert it to his use or gain,
knowing it to have been embezzled, stolen, pur-
loined or converted—
Shall be fined under this title or imprisoned
not more than ten years, or both; but if the
value of such property in the aggregate, com-
bining amounts from all the counts for which
the defendant is convicted in a single case, does
not exceed the sum of $1,000, he shall be fined
under this title or imprisoned not more than one
year, or both.
The word ‘‘value’’ means face, par, or market
value, or cost price, either wholesale or retail,
whichever is greater.
(June 25, 1948, ch. 645, 62 Stat. 725; Pub. L.
103–322, title XXXIII, § 330016(1)(H), (L), Sept. 13,
1994, 108 Stat. 2147; Pub. L. 104–294, title VI,
§ 606(a), Oct. 11, 1996, 110 Stat. 3511; Pub. L.
108–275, § 4, July 15, 2004, 118 Stat. 833.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., §§ 82, 87, 100, 101
(Mar. 4, 1909, ch. 321, §§ 35, 36, 47, 48, 35 Stat. 1095,
1096–1098; Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18,
1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52 Stat. 197;
Nov. 22, 1943, ch. 302, 57 Stat. 591.)
Section consolidates sections 82, 87, 100, and 101 of
title 18, U.S.C., 1940 ed. Changes necessary to effect the
consolidation were made. Words ‘‘or shall willfully in-
jure or commit any depredation against’’ were taken
Page 153 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 643
from said section 82 so as to confine it to embezzlement
or theft.
The quoted language, rephrased in the present tense,
appears in section 1361 of this title.
Words ‘‘in a jail’’ which followed ‘‘imprisonment’’ and
preceded ‘‘for not more than one year’’ in said section
82, were omitted. (See reviser’s note under section 1 of
this title.)
Language relating to receiving stolen property is
from said section 101.
Words ‘‘or aid in concealing’’ were omitted as unnec-
essary in view of definitive section 2 of this title. Pro-
cedural language at end of said section 101 ‘‘and such
person may be tried either before or after the convic-
tion of the principal offender’’ was transferred to and
rephrased in section 3435 of this title.
Words ‘‘or any corporation in which the United
States of America is a stockholder’’ in said section 82
were omitted as unnecessary in view of definition of
‘‘agency’’ in section 6 of this title.
The provisions for fine of not more than $1,000 or im-
prisonment of not more than 1 year for an offense in-
volving $100 or less and for fine of not more than $10,000
or imprisonment of not more than 10 years, or both, for
an offense involving a greater amount were written
into this section as more in conformity with the later
congressional policy expressed in sections 82 and 87 of
title 18, U.S.C., 1940 ed., than the nongraduated pen-
alties of sections 100 and 101 of said title 18.
Since the purchasing power of the dollar is less than
it was when $50 was the figure which determined
whether larceny was petit larceny or grand larceny, the
sum $100 was substituted as more consistent with mod-
ern values.
The meaning of ‘‘value’’ in the last paragraph of the
revised section is written to conform with that pro-
vided in section 2311 of this title by inserting the words
‘‘face, par, or’’.
This section incorporates the recommendation of
Paul W. Hyatt, president, board of commissioners of
the Idaho State Bar Association, that sections 82 and
100 of title 18, U.S.C., 1940 ed., be combined and sim-
plified.
Also, with respect to section 101 of title 18, U.S.C.,
1940 ed., this section meets the suggestion of P. F. Her-
rick, United States attorney for Puerto Rico, that the
punishment provision of said section be amended to
make the offense a misdemeanor where the amount in-
volved is $50 or less.
Changes were made in phraseology.
Editorial Notes
AMENDMENTS
2004—Pub. L. 108–275, in third par., inserted ‘‘in the
aggregate, combining amounts from all the counts for
which the defendant is convicted in a single case,’’
after ‘‘value of such property’’.
1996—Pub. L. 104–294 substituted ‘‘$1,000’’ for ‘‘$100’’ in
third par.
1994—Pub. L. 103–322, in third par., substituted ‘‘fined
under this title’’ for ‘‘fined not more than $10,000’’ after
‘‘Shall be’’ and for ‘‘fined not more than $1,000’’ after
‘‘he shall be’’.
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 1984 AMENDMENT
Pub. L. 98–473, title II, chapter XI, part I (§§ 1110–1115),
§ 1110, Oct. 12, 1984, 98 Stat. 2148, provided that: ‘‘This
Part [enacting section 667 of this title and amending
sections 2316 and 2317 of this title] may be cited as the
‘Livestock Fraud Protection Act’.’’
§ 642. Tools and materials for counterfeiting pur-
poses
Whoever, without authority from the United
States, secretes within, or embezzles, or takes
and carries away from any building, room, of-
fice, apartment, vault, safe, or other place where
the same is kept, used, employed, placed, lodged,
or deposited by authority of the United States,
any tool, implement, or thing used or fitted to
be used in stamping or printing, or in making
some other tool or implement used or fitted to
be used in stamping or printing any kind or de-
scription of bond, bill, note, certificate, coupon,
postage stamp, revenue stamp, fractional cur-
rency note, or other paper, instrument, obliga-
tion, device, or document, authorized by law to
be printed, stamped, sealed, prepared, issued, ut-
tered, or put in circulation on behalf of the
United States; or
Whoever, without such authority, so secretes,
embezzles, or takes and carries away any paper,
parchment, or other material prepared and in-
tended to be used in the making of any such pa-
pers, instruments, obligations, devices, or docu-
ments; or
Whoever, without such authority, so secretes,
embezzles, or takes and carries away any paper,
parchment, or other material printed or
stamped, in whole or part, and intended to be
prepared, issued, or put in circulation on behalf
of the United States as one of such papers, in-
struments, or obligations, or printed or
stamped, in whole or part, in the similitude of
any such paper, instrument, or obligation,
whether intended to issue or put the same in cir-
culation or not—
Shall be fined under this title or imprisoned
not more than ten years, or both.
(June 25, 1948, ch. 645, 62 Stat. 725; Pub. L.
103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994,
108 Stat. 2147.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., § 269 (Mar. 4, 1909,
ch. 321, § 155, 35 Stat. 1117).
Words ‘‘bed piece, bed-plate, roll, plate, die, seal,
type, or other’’ were omitted as covered by ‘‘tool, im-
plement, or thing.’’
Minor changes in phraseology were made.
Editorial Notes
AMENDMENTS
1994—Pub. L. 103–322 substituted ‘‘fined under this
title’’ for ‘‘fined not more than $5,000’’ in last par.
§ 643. Accounting generally for public money
Whoever, being an officer, employee or agent
of the United States or of any department or
agency thereof, having received public money
which he is not authorized to retain as salary,
pay, or emolument, fails to render his accounts
for the same as provided by law is guilty of em-
bezzlement, and shall be fined under this title or
in a sum equal to the amount of the money em-
bezzled, 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.
(June 25, 1948, ch. 645, 62 Stat. 726; Pub. L.
103–322, title XXXIII, § 330016(1)(H), (2)(G), Sept.
13, 1994, 108 Stat. 2147, 2148; Pub. L. 104–294, title
VI, § 606(a), Oct. 11, 1996, 110 Stat. 3511.)
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