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CITE

    18 USC Sec. 153                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 9 - BANKRUPTCY

HEAD

    Sec. 153. Embezzlement against estate

STATUTE

      (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.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 690; Pub. L. 95-598, title III,
    Sec. 314(a)(1), (d)(1), (2), Nov. 6, 1978, 92 Stat. 2676, 2677;
    Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept. 13, 1994,
    108 Stat. 2147; Pub. L. 103-394, title III, Sec. 312(a)(1)(A), Oct.
    22, 1994, 108 Stat. 4139; Pub. L. 104-294, title VI, Sec.
    601(a)(1), Oct. 11, 1996, 110 Stat. 3497.)

HISTORICAL AND REVISION NOTES

      Based on section 52(a) of title 11, U.S.C., 1940 ed., Bankruptcy
    (July 1, 1898, ch. 541, Sec. 29a, 30 Stat. 554; May 27, 1926, ch.
    406, Sec. 11 (part), 44 Stat. 665; June 22, 1938, ch. 575, Sec. 1
    (part), 52 Stat. 855).
      Minor changes were made in phraseology.
                                AMENDMENTS
      1996 - Subsec. (a). Pub. L. 104-294 substituted "fined under this
    title" for "fined not more than $5,000".
      1994 - Pub. L. 103-394 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".
      1978 - Pub. L. 95-598 struck out ", receiver" after "trustee" in
    section catchline and in text struck out "receiver," before
    "custodian" and substituted "debtor" for "bankrupt".
                     EFFECTIVE DATE OF 1994 AMENDMENT
      Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not
    applicable with respect to cases commenced under Title 11,
    Bankruptcy, before Oct. 22, 1994, see section 702 of Pub. L. 103-
    394, set out as a note under section 101 of Title 11.
                     EFFECTIVE DATE OF 1978 AMENDMENT
      Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
    402(a) of Pub. L. 95-598, set out as an Effective Date note
    preceding section 101 of Title 11, Bankruptcy.
                             SAVINGS PROVISION
      Amendment by section 314 of Pub. L. 95-598 not to affect the
    application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961
    et seq.), or section 2516, 3057, or 3284 of this title to any act
    of any person (1) committed before Oct. 1, 1979, or (2) committed
    after Oct. 1, 1979, in connection with a case commenced before such
    date, see section 403(d) of Pub. L. 95-598, set out as a note
    preceding section 101 of Title 11, Bankruptcy.