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CITE

    18 USC Sec. 660                                             01/05/2009

EXPCITE

    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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