18 U.S.C. § 1711 — Misappropriation of postal funds
submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 323 words · no verdicts yet
A Postal Service officer or employee who misuses, fails to account for, or embezzles postal money or property may face a fine and up to 10 years in prison. A lower maximum applies when the value is $1,000 or less, with an exception for authorized deposits and transfers.
A Postal Service* officer or employee who, except as authorized by law, loans, uses, pledges, hypothecates, converts to personal use, deposits in a bank, or exchanges money or property received or controlled through the office or employment, or who fails or refuses to remit, deposit, account for, or turn over it when law or Postal Service rules or demand require, commits embezzlement. The employee and anyone who advises or knowingly participates may be fined under this title or at least the money or property’s value, whichever is greater, imprisoned up to 10 years, or both. If the amount or value is $1,000 or less, the maximum is a fine under this title, up to one year in prison, or both. This does not bar an employee from depositing funds in an authorized national bank for the employee’s postal account, or negotiating drafts or other evidence of debt through that bank, United States disbursing officers, or otherwise when the Postal Service instructs or requires it to transfer surplus funds between post offices.
Whoever, being a Postal Service* officer or employee, loans, uses, pledges, hypothecates, or converts to his own use, or deposits in any bank, or exchanges for other funds or property, except as authorized by law, any money or property coming into his hands or under his control in any manner, in the execution or under color of his office, employment, or service, whether or not the same shall be the money or property of the United States; or fails or refuses to remit to or deposit in the Treasury of the United States or in a designated depository, or to account for or turn over to the proper officer or agent, any such money or property, when required to do so by law or the regulations of the Postal Service, or upon demand or order of the Postal Service, either directly or through a duly authorized officer or agent, is guilty of embezzlement; and every such person, as well as every other person advising or knowingly participating therein, shall be fined under this title or in a sum equal to the amount or value of the money or property embezzled, whichever is greater, or imprisoned not more than ten years, or both; but if the amount or value thereof 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 prohibit any Postal Service officer or employee from depositing, under the direction of the Postal Service, in a national bank designated by the Secretary of the Treasury for that purpose, to his own credit as Postal Service officer or employee, any funds in his charge, nor prevent his negotiating drafts or other evidences of debt through such bank, or through United States disbursing officers, or otherwise, when instructed or required so to do by the Postal Service, for the purpose of remitting surplus funds from one post office to another.
Source credit: (June 25, 1948, ch. 645, 62 Stat. 780; Pub. L. 91–375, § 6(j)(21), Aug. 12, 1970, 84 Stat. 778; 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.)
- 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 780
- 1970Amended · Pub. L. 91-375 · 84 Stat. 778
- 1994Amended · Pub. L. 103-322 · 108 Stat. 2147, 2148
- 1996Amended · Pub. L. 104-294 · 110 Stat. 3511
A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.
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