Whoever, being a president, director, officer, or manager of any firm, association, or corporation engaged in commerce as a common carrier, or whoever, being an employee of such common carrier riding in or upon any railroad car, motortruck, steamboat, vessel, aircraft or other vehicle of such carrier moving in interstate commerce, embezzles, steals, abstracts, or willfully misapplies, or willfully permits to be misapplied, any of the moneys, funds, credits, securities, property, or assets of such firm, association, or corporation arising or accruing from, or used in, such commerce, in whole or in part, or willfully or knowingly converts the same to his own use or to the use of another, shall be fined under this title or imprisoned not more than ten years, or both.
The offense shall be deemed to have been committed not only in the district where the violation first occurred but also in any district in which the defendant may have taken or had possession of such moneys, funds, credits, securities, property or assets.
A judgment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecution hereunder for the same act or acts.
June 25, 1948, ch. 64562 Stat. 730Pub. L. 103–322, title XXXIII, § 330016(1)(K)108 Stat. 2147(, ; , , .)
Historical and Revision Notes
Feb. 13, 1913, ch. 50, § 137 Stat. 670Oct. 15, 1914, ch. 323, § 938 Stat. 733Jan. 28, 1925, ch. 10243 Stat. 793Jan. 21, 1933, ch. 1647 Stat. 773July 24, 1946, ch. 60660 Stat. 656Based on title 18, U.S.C., 1940 ed., §§ 409, 412 (, ; , ; , ; , ; , ).
Section consolidates a portion of section 409 with section 412, both of title 18, U.S.C., 1940 ed. Other provisions of said section 409 are incorporated in sections 659 and 2117 of this title.
section 412 of title 18section 1 of this titlesection 550 of this titleDefinitive language in , U.S.C., 1940 ed., as to offense being a felony was deleted to conform with . (See reviser’s note under .)
section 412 of title 18section 4082 of this titleWords “imprisoned” was substituted for “confined in the penitentiary” in , U.S.C., 1940 ed., in view of power of Attorney General under .
section 412 of title 18section 203 of this titleMinimum punishment provision “less than one year nor” in , U.S.C., 1940 ed., was omitted for reasons in reviser’s note under .
section 412 of title 18Maximum fine of $5,000 was substituted for minimum fine of $500 in , U.S.C., 1940 ed., as being more consonant with the scheme of penalties and offenses provided by Congress for most sections in this chapter.
section 412 of title 18section 3231 of this titleSentence in , U.S.C., 1940 ed., “Nothing in this section shall be held to take away or impair the jurisdiction of the several courts under the laws thereof;”, was omitted in view of .
Changes were made in phraseology.
Editorial Notes
Amendments
Pub. L. 103–3221994— substituted “fined under this title” for “fined not more than $5,000” in first par.