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18 U.S.C. § 656 — Theft, embezzlement, or misapplication by bank officer or employee

submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 322 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section makes it a crime for specified bank officers, employees, agents, connected persons, receivers, or Federal Reserve Agents to embezzle or misuse money, funds, assets, credits, or securities covered by the section. It sets a lower penalty when the amount does not exceed $1,000 and defines several terms.

A person who is an officer, director, agent, employee, or other connected person of a Federal Reserve bank, member bank, depository institution holding company, national bank, insured bank, branch or agency of a foreign bank, or an organization operating under section 25 or section 25(a) of the Federal Reserve Act, or who is a receiver of a national bank, insured bank, branch, agency, or organization, or an agent or employee of that receiver, or a Federal Reserve Agent, or an agent or employee of a Federal Reserve Agent or of the Board of Governors of the Federal Reserve System, commits an offense by embezzling, abstracting, purloining, or willfully misapplying money, funds, or credits of the bank, branch, agency, organization, or holding company, or money, funds, assets, or securities entrusted to the custody or care of that bank, branch, agency, organization, or holding company, or to the custody or care of such an agent, officer, director, employee, or receiver. The person may be fined up to $1,000,000, imprisoned up to 30 years, or both. But if the amount embezzled, abstracted, purloined, or misapplied does not exceed $1,000, the person must be fined under title 18, imprisoned up to 1 year, or both. “National bank” means “national banking association.” “Member bank” means and includes a national bank, State bank, or bank and trust company that has become a member of one of the Federal Reserve banks. “Insured bank” includes a bank, banking association, trust company, savings bank, or other banking institution whose deposits are insured by the Federal Deposit Insurance Corporation. “Branch or agency of a foreign bank” means a branch or agency described in section 20(9) of this title. For purposes of this section, “depository institution holding company” has the meaning given that term in section 3 of the Federal Deposit Insurance Act. This section does not define “Federal Reserve bank,” “Federal Reserve Agent,” “organization,” or “Board of Governors of the Federal Reserve System.”

the actual law source: uscode.house.gov ↗public domain

Whoever, being an officer, director, agent or employee of, or connected in any capacity with any Federal Reserve bank, member bank, depository institution holding company, national bank, insured bank, branch or agency of a foreign bank, or organization operating under section 25 or section 25(a) 1 of the Federal Reserve Act, or a receiver of a national bank, insured bank, branch, agency, or organization or any agent or employee of the receiver, or a Federal Reserve Agent, or an agent or employee of a Federal Reserve Agent or of the Board of Governors of the Federal Reserve System, embezzles, abstracts, purloins or willfully misapplies any of the moneys, funds or credits of such bank, branch, agency, or organization or holding company or any moneys, funds, assets or securities intrusted to the custody or care of such bank, branch, agency, or organization, or holding company or to the custody or care of any such agent, officer, director, employee or receiver, shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both; but if the amount embezzled, abstracted, purloined or misapplied does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both.

As used in this section, the term “national bank” is synonymous with “national banking association”; “member bank” means and includes any national bank, state bank, or bank and trust company which has become a member of one of the Federal Reserve banks; “insured bank” includes any bank, banking association, trust company, savings bank, or other banking institution, the deposits of which are insured by the Federal Deposit Insurance Corporation; and the term “branch or agency of a foreign bank” means a branch or agency described in section 20(9) of this title. For purposes of this section, the term “depository institution holding company” has the meaning given such term in section 3 of the Federal Deposit Insurance Act.

Source credit: (June 25, 1948, ch. 645, 62 Stat. 729; Pub. L. 101–73, title IX, § 961(b), Aug. 9, 1989, 103 Stat. 499; Pub. L. 101–647, title XXV, §§ 2504(b), 2595(a)(1), 2597(f), Nov. 29, 1990, 104 Stat. 4861, 4906, 4909; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, §§ 601(f)(1), 606(a), Oct. 11, 1996, 110 Stat. 3499, 3511.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 729
  • 1989Amended · Pub. L. 101-73 · 103 Stat. 499
  • 1990Amended · Pub. L. 101-647 · 104 Stat. 4861, 4906, 4909
  • 1994Amended · Pub. L. 103-322 · 108 Stat. 2147
  • 1996Amended · Pub. L. 104-294 · 110 Stat. 3499, 3511

A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.

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