18 U.S.C. § 645 — Court officers generally

submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 155 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section makes certain unlawful retention or conversion of money by specified United States court officers and their deputies, assistants, or employees embezzlement. It provides a general punishment when Congress has not provided another punishment and says that an interest in the money is not a defense.

A United States marshal, clerk, receiver, referee, trustee, or other officer of a United States court, or any deputy, assistant, or employee of such an officer, commits embezzlement if the person retains or converts money to the person’s own use or another person’s use, or unlawfully retains money after the party entitled to it demands it, when the money came into the person’s hands because of the person’s official relationship, position, or employment. If Congress has not provided another punishment for the offense, the person may be fined under this title or fined up to twice the value of the money embezzled, whichever is greater, imprisoned for up to 10 years, or both. If the amount embezzled is $1,000 or less, the person may be fined under this title, imprisoned for up to 1 year, or both. It is not a defense that the accused had an interest in the money or fund.

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

Whoever, being a United States marshal, clerk, receiver, referee, trustee, or other officer of a United States court, or any deputy, assistant, or employee of any such officer, retains or converts to his own use or to the use of another or after demand by the party entitled thereto, unlawfully retains any money coming into his hands by virtue of his official relation, position or employment, is guilty of embezzlement and shall, where the offense is not otherwise punishable by enactment of Congress, be fined under this title or not more than double the value of the money so 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.

It shall not be a defense that the accused person had any interest in such moneys or fund.

Source credit: (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.)

history & why it existsrecord from the source credit

1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 726
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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