Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof; or
Whoever receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted—
Shall be fined under this title or imprisoned not more than ten years, or both; but if the value of such property in the aggregate, combining amounts from all the counts for which the defendant is convicted in a single case, does not exceed the sum of $1,000, he shall be fined under this title or imprisoned not more than one year, or both.
The word “value” means face, par, or market value, or cost price, either wholesale or retail, whichever is greater.
June 25, 1948, ch. 645 62 Stat. 725 Pub. L. 103–322, title XXXIII, § 330016(1)(H)108 Stat. 2147 Pub. L. 104–294, title VI, § 606(a)110 Stat. 3511 Pub. L. 108–275, § 4118 Stat. 833 (, ; , (L), , ; , , ; , , .)
Historical and Revision Notes
Mar. 4, 1909, ch. 321 35 Stat. 1095 Oct. 23, 1918, ch. 194 40 Stat. 1015 June 18, 1934, ch. 587 48 Stat. 996 Apr. 4, 1938, ch. 69 52 Stat. 197 Nov. 22, 1943, ch. 302 57 Stat. 591 Based on title 18, U.S.C., 1940 ed., §§ 82, 87, 100, 101 (, §§ 35, 36, 47, 48, , 1096–1098; , ; , ; , ; , .)
Section consolidates sections 82, 87, 100, and 101 of title 18, U.S.C., 1940 ed. Changes necessary to effect the consolidation were made. Words “or shall willfully injure or commit any depredation against” were taken from said section 82 so as to confine it to embezzlement or theft.
section 1361 of this titleThe quoted language, rephrased in the present tense, appears in .
section 1 of this titleWords “in a jail” which followed “imprisonment” and preceded “for not more than one year” in said section 82, were omitted. (See reviser’s note under .)
Language relating to receiving stolen property is from said section 101.
section 2 of this titlesection 3435 of this titleWords “or aid in concealing” were omitted as unnecessary in view of definitive . Procedural language at end of said section 101 “and such person may be tried either before or after the conviction of the principal offender” was transferred to and rephrased in .
section 6 of this titleWords “or any corporation in which the United States of America is a stockholder” in said section 82 were omitted as unnecessary in view of definition of “agency” in .
The provisions for fine of not more than $1,000 or imprisonment of not more than 1 year for an offense involving $100 or less and for fine of not more than $10,000 or imprisonment of not more than 10 years, or both, for an offense involving a greater amount were written into this section as more in conformity with the later congressional policy expressed in sections 82 and 87 of title 18, U.S.C., 1940 ed., than the nongraduated penalties of sections 100 and 101 of said title 18.
Since the purchasing power of the dollar is less than it was when $50 was the figure which determined whether larceny was petit larceny or grand larceny, the sum $100 was substituted as more consistent with modern values.
section 2311 of this titleThe meaning of “value” in the last paragraph of the revised section is written to conform with that provided in by inserting the words “face, par, or”.
This section incorporates the recommendation of Paul W. Hyatt, president, board of commissioners of the Idaho State Bar Association, that sections 82 and 100 of title 18, U.S.C., 1940 ed., be combined and simplified.
section 101 of title 18Also, with respect to , U.S.C., 1940 ed., this section meets the suggestion of P. F. Herrick, United States attorney for Puerto Rico, that the punishment provision of said section be amended to make the offense a misdemeanor where the amount involved is $50 or less.
Changes were made in phraseology.
Editorial Notes
Amendments
Pub. L. 108–2752004—, in third par., inserted “in the aggregate, combining amounts from all the counts for which the defendant is convicted in a single case,” after “value of such property”.
Pub. L. 104–2941996— substituted “$1,000” for “$100” in third par.
Pub. L. 103–3221994—, in third par., substituted “fined under this title” for “fined not more than $10,000” after “Shall be” and for “fined not more than $1,000” after “he shall be”.
Statutory Notes and Related Subsidiaries
Short Title of 1984 Amendment
Pub. L. 98–473, title II98 Stat. 2148