TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 31 - EMBEZZLEMENT AND THEFT
HEAD
Sec. 660. Carrier's funds derived from commerce; State prosecutions
STATUTE
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.
SOURCE
(June 25, 1948, ch. 645, 62 Stat. 730; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Secs. 409, 412 (Feb. 13,
1913, ch. 50, Sec. 1, 37 Stat. 670; Oct. 15, 1914, ch. 323, Sec. 9,
38 Stat. 733; Jan. 28, 1925, ch. 102, 43 Stat. 793; Jan. 21, 1933,
ch. 16, 47 Stat. 773; July 24, 1946, ch. 606, 60 Stat. 656).
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.
Definitive language in section 412 of title 18, U.S.C., 1940 ed.,
as to offense being a felony was deleted to conform with section 1
of this title. (See reviser's note under section 550 of this
title.)
Words "imprisoned" was substituted for "confined in the
penitentiary" in section 412 of title 18, U.S.C., 1940 ed., in view
of power of Attorney General under section 4082 of this title.
Minimum punishment provision "less than one year nor" in section
412 of title 18, U.S.C., 1940 ed., was omitted for reasons in
reviser's note under section 203 of this title.
Maximum fine of $5,000 was substituted for minimum fine of $500
in section 412 of title 18, 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.
Sentence in section 412 of title 18, 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 section 3231 of this title.
Changes were made in phraseology.
AMENDMENTS
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $5,000" in first par.
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