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18 U.S.C. § 666 — Theft or bribery concerning programs receiving Federal funds

submitted 42 years ago by Pub. L. 98-473 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 487 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section criminalizes certain theft, conversion, misapplication, and corrupt payment conduct involving organizations or governments that receive more than $10,000 in one year from a Federal assistance program. It sets a $5,000 transaction or property threshold, excludes ordinary compensation and expenses, and defines several terms.

(a) If the circumstance in subsection (b) exists, a person is subject to the following rules. (1) If the person is an agent of an organization, a State, a local government, an Indian tribal government, or one of its agencies: (A) The person may not embezzle, steal, obtain by fraud, or otherwise knowingly convert without authority for the use of someone other than the rightful owner, or intentionally misapply, property worth $5,000 or more that is owned by or in the care, custody, or control of that organization, government, or agency. (B) The person may not corruptly solicit or demand anything of value for any person's benefit, or accept or agree to accept anything of value from any person, intending to be influenced or rewarded in connection with business or a transaction or series of transactions of that organization, government, or agency involving anything worth $5,000 or more. (2) A person may not corruptly give, offer, or agree to give anything of value to anyone intending to influence or reward an agent of an organization, State, local government, Indian tribal government, or agency in connection with its business or a transaction or series of transactions involving anything worth $5,000 or more. A person who violates this subsection may be fined under this title, imprisoned for not more than 10 years, or both.

(b) The circumstance in subsection (a) is that the organization, government, or agency receives more than $10,000 in benefits during any one-year period under a Federal program involving a grant, contract, subsidy, loan, guarantee, insurance, or another form of Federal assistance.

(c) This section does not apply to genuine salary, wages, fees, other compensation, or expenses paid or reimbursed in the ordinary course of business.

(d) Definitions. (1) “Agent” means a person authorized to act for another person or a government. For an organization or government, it also includes a servant or employee, partner, director, officer, manager, or representative. This section defines the term. (2) “Government agency” means a subdivision of the executive, legislative, judicial, or another branch of government, including a department, independent establishment, commission, administration, authority, board, or bureau. It also includes a corporation or other legal entity established and controlled by one or more governments to carry out a governmental or intergovernmental program. This section defines the term. (3) “Local” means relating to a political subdivision within a State. This section defines the term. (4) “State” includes a United States State, the District of Columbia, and any United States commonwealth, territory, or possession. This section defines the term. (5) “In any one-year period” means a continuous period that begins no earlier than 12 months before the offense or ends no later than 12 months after the offense. The period may include time both before and after the offense. This section defines the term.

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

Whoever, if the circumstance described in subsection (b) of this section exists—

(1)

being an agent of an organization, or of a State, local, or Indian tribal government, or any agency thereof—

(A)

embezzles, steals, obtains by fraud, or otherwise without authority knowingly converts to the use of any person other than the rightful owner or intentionally misapplies, property that—

(i)

is valued at $5,000 or more, and

(ii)

is owned by, or is under the care, custody, or control of such organization, government, or agency; or

(B)

corruptly solicits or demands for the benefit of any person, or accepts or agrees to accept, anything of value from any person, intending to be influenced or rewarded in connection with any business, transaction, or series of transactions of such organization, government, or agency involving any thing of value of $5,000 or more; or

(2)

corruptly gives, offers, or agrees to give anything of value to any person, with intent to influence or reward an agent of an organization or of a State, local or Indian tribal government, or any agency thereof, in connection with any business, transaction, or series of transactions of such organization, government, or agency involving anything of value of $5,000 or more;

shall be fined under this title, imprisoned not more than 10 years, or both.

(b)

The circumstance referred to in subsection (a) of this section is that the organization, government, or agency receives, in any one year period, benefits in excess of $10,000 under a Federal program involving a grant, contract, subsidy, loan, guarantee, insurance, or other form of Federal assistance.

(c)

This section does not apply to bona fide salary, wages, fees, or other compensation paid, or expenses paid or reimbursed, in the usual course of business.

(d)

As used in this section—

(1)

the term “agent” means a person authorized to act on behalf of another person or a government and, in the case of an organization or government, includes a servant or employee, and a partner, director, officer, manager, and representative;

(2)

the term “government agency” means a subdivision of the executive, legislative, judicial, or other branch of government, including a department, independent establishment, commission, administration, authority, board, and bureau, and a corporation or other legal entity established, and subject to control, by a government or governments for the execution of a governmental or intergovernmental program;

(3)

the term “local” means of or pertaining to a political subdivision within a State;

(4)

the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States; and

(5)

the term “in any one-year period” means a continuous period that commences no earlier than twelve months before the commission of the offense or that ends no later than twelve months after the commission of the offense. Such period may include time both before and after the commission of the offense.

Source credit: (Added Pub. L. 98–473, title II, § 1104(a), Oct. 12, 1984, 98 Stat. 2143; amended Pub. L. 99–646, § 59(a), Nov. 10, 1986, 100 Stat. 3612; Pub. L. 101–647, title XII, §§ 1205(d), 1209, Nov. 29, 1990, 104 Stat. 4831, 4832; Pub. L. 103–322, title XXXIII, § 330003(c), Sept. 13, 1994, 108 Stat. 2140.)

history & why it existsrecord from the source credit
  • 1984Enacted · Pub. L. 98-473 · 98 Stat. 2143
  • 1986Amended · Pub. L. 99-646 · 100 Stat. 3612
  • 1990Amended · Pub. L. 101-647 · 104 Stat. 4831, 4832
  • 1994Amended · Pub. L. 103-322 · 108 Stat. 2140

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-473 on 1984-10-12.

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