US Code

Public Law 119-73 (01/23/2026)

18 U.S.C. § 153

Embezzlement against estate

(a)

Offense .—

A person described in subsection (b) who knowingly and fraudulently appropriates to the person’s own use, embezzles, spends, or transfers any property or secretes or destroys any document belonging to the estate of a debtor shall be fined under this title, imprisoned not more than 5 years, or both.
(b)

Person to Whom Section Applies .—

A person described in this subsection is one who has access to property or documents belonging to an estate by virtue of the person’s participation in the administration of the estate as a trustee, custodian, marshal, attorney, or other officer of the court or as an agent, employee, or other person engaged by such an officer to perform a service with respect to the estate.

June 25, 1948, ch. 64562 Stat. 690Pub. L. 95–598, title III, § 314(a)(1)92 Stat. 2676Pub. L. 103–322, title XXXIII, § 330016(1)(K)108 Stat. 2147Pub. L. 103–394, title III, § 312(a)(1)(A)108 Stat. 4139Pub. L. 104–294, title VI, § 601(a)(1)110 Stat. 3497(, ; , (d)(1), (2), , , 2677; , , ; , , ; , , .)

Historical and Revision Notes

section 52(a) of title 11July 1, 1898, ch. 541, § 29a30 Stat. 554May 27, 1926, ch. 406, § 1144 Stat. 665June 22, 1938, ch. 575, § 152 Stat. 855Based on , U.S.C., 1940 ed., Bankruptcy (, ; (part), ; (part), ).

Minor changes were made in phraseology.

Editorial Notes

Amendments

Pub. L. 104–2941996—Subsec. (a). substituted “fined under this title” for “fined not more than $5,000”.

Pub. L. 103–3941994— amended section generally. Prior to amendment, section read as follows: “Whoever knowingly and fraudulently appropriates to his own use, embezzles, spends, or transfers any property or secretes or destroys any document belonging to the estate of a debtor which came into his charge as trustee, custodian, marshal, or other officer of the court, shall be fined under this title or imprisoned not more than five years, or both.”

Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000”.

Pub. L. 95–5981978— struck out “, receiver” after “trustee” in section catchline and in text struck out “receiver,” before “custodian” and substituted “debtor” for “bankrupt”.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Pub. L. 103–394section 702 of Pub. L. 103–394section 101 of Title 11Amendment by effective , and not applicable with respect to cases commenced under Title 11, Bankruptcy, before , see , set out as a note under .

Effective Date of 1978 Amendment

Pub. L. 95–598section 402(a) of Pub. L. 95–598section 101 of Title 11Amendment by effective , see , set out as an Effective Date note preceding , Bankruptcy.

Savings Provision

section 314 of Pub. L. 95–598section 403(d) of Pub. L. 95–598section 101 of Title 11Amendment by not to affect the application of chapter 9 (§ 151 et seq.), chapter 96 (§ 1961 et seq.), or section 2516, 3057, or 3284 of this title to any act of any person (1) committed before , or (2) committed after , in connection with a case commenced before such date, see , set out as a note preceding , Bankruptcy.