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2026-07-06 10:51:44 -04:00

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LegalText 18 U.S.C. § 649 Custodians failing to deposit moneys; persons affected us united_states_code code_section 18 CRIMES AND CRIMINAL PROCEDURE 31 EMBEZZLEMENT AND THEFT 649 18 U.S.C. § 649 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc18@119-100.zip /us/usc/t18/s649 data/legal/raw/us/code/title-18/usc18.xml c80298f6da002fd454263d1de81306ab8d3c0a7a3ec2c032fff02a51edc47949 1a1bbbbdb59e376ada4eb7ad1056fd68d396679ee7ab59f0561af15006122708 c0435ce706acb56074e486b48bf95c50db9a545e0d28fc162c35cafb82e26013 2026-07-04 official
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18 U.S.C. § 649 - Custodians failing to deposit moneys; persons affected

Text

(a) Whoever, having money of the United States in his possession or under his control, fails to deposit it with the Treasurer or some public depositary of the United States, when required so to do by the Secretary of the Treasury or the head of any other proper department or agency or by the Government Accountability Office, is guilty of embezzlement, and shall be fined under this title or in a sum equal to the amount of money embezzled, whichever is greater, or imprisoned not more than ten years, or both; but if the amount embezzled is $1,000 or less, he shall be fined under this title or imprisoned not more than one year, or both.

(b) This section and sections 643, 648, 650 and 653 of this title shall apply to all persons charged with the safe-keeping, transfer, or disbursement of the public money, whether such persons be charged as receivers or depositaries of the same.

(June 25, 1948, ch. 645, 62 Stat. 727; Pub. L. 103322, title XXXIII, § 330016(1)(H), (2)(G), Sept. 13, 1994, 108 Stat. 2147, 2148; Pub. L. 104294, title VI, § 606(a), Oct. 11, 1996, 110 Stat. 3511; Pub. L. 108271, § 8(b), July 7, 2004, 118 Stat. 814.)

Notes

Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., §§ 177, 178 (Mar. 4, 1909, ch. 321, §§ 91, 92, 35 Stat. 1105; May 29, 1920, ch. 214, § 1, 41 Stat. 654; June 10, 1921, ch. 18, § 304, 42 Stat. 24). Sections were consolidated. Words “or agency” were inserted after “department”. See definition of “agency” in section 6 of this title. Mandatory punishment provisions made in alternative. The smaller punishment for an offense involving $100 or less was inserted. (See revisers notes under sections 641, 645 of this title.) Minor changes were made in phraseology.

Editorial Notes

Amendments2004—Subsec. (a). Pub. L. 108271 substituted “Government Accountability Office” for “General Accounting Office”. 1996—Subsec. (a). Pub. L. 104294 substituted “$1,000” for “$100”. 1994—Subsec. (a). Pub. L. 103322, § 330016(2)(G), substituted “shall be fined under this title or in a sum equal to the amount of money embezzled, whichever is greater, or imprisoned” for “shall be fined in a sum equal to the amount of money embezzled or imprisoned”. Pub. L. 103322, § 330016(1)(H), substituted “fined under this title” for “fined not more than $1,000” after “he shall be”.

Executive Documents

Transfer of Functions Functions of all officers of Department of the Treasury, and functions of all agencies and employees of such Department, transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. The Treasurer of the United States, referred to in this section, is an officer of Department of the Treasury.