18 USC Sec. 641 01/05/2009
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 31 - EMBEZZLEMENT AND THEFT
Sec. 641. Public money, property or records
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, Sec. 330016(1)(H), (L), Sept. 13, 1994, 108 Stat. 2147;
Pub. L. 104-294, title VI, Sec. 606(a), Oct. 11, 1996, 110 Stat.
3511; Pub. L. 108-275, Sec. 4, July 15, 2004, 118 Stat. 833.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Secs. 82, 87, 100, 101 (Mar.
4, 1909, ch. 321, Secs. 35, 36, 47, 48, 35 Stat. 1095, 1096-1098;
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.)
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.
The quoted language, rephrased in the present tense, appears in
section 1361 of this title.
Words "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 section 1 of this title.)
Language relating to receiving stolen property is from said
Words "or aid in concealing" were omitted as unnecessary in view
of definitive section 2 of this title. 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 3435 of this title.
Words "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 section 6 of this title.
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.
The meaning of "value" in the last paragraph of the revised
section is written to conform with that provided in section 2311 of
this title 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.
Also, with respect to section 101 of title 18, 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.
2004 - Pub. L. 108-275, 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
1996 - Pub. L. 104-294 substituted "$1,000" for "$100" in third
1994 - Pub. L. 103-322, 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".
SHORT TITLE OF 1984 AMENDMENT
Pub. L. 98-473, title II, chapter XI, part I (Secs. 1110-1115),
Sec. 1110, Oct. 12, 1984, 98 Stat. 2148, provided that: "This Part
[enacting section 667 of this title and amending sections 2316 and
2317 of this title] may be cited as the 'Livestock Fraud Protection