TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 31 - EMBEZZLEMENT AND THEFT
HEAD
Sec. 665. Theft or embezzlement from employment and training funds;
improper inducement; obstruction of investigations
STATUTE
(a) Whoever, being an officer, director, agent, or employee of,
or connected in any capacity with any agency or organization
receiving financial assistance or any funds under the Job Training
Partnership Act or title I of the Workforce Investment Act of 1998
knowingly enrolls an ineligible participant, embezzles, willfully
misapplies, steals, or obtains by fraud any of the moneys, funds,
assets, or property which are the subject of a financial assistance
agreement or contract pursuant to such Act shall be fined under
this title or imprisoned for not more than 2 years, or both; but if
the amount so embezzled, misapplied, stolen, or obtained by fraud
does not exceed $1,000, such person shall be fined under this title
or imprisoned not more than 1 year, or both.
(b) Whoever, by threat or procuring dismissal of any person from
employment or of refusal to employ or refusal to renew a contract
of employment in connection with a financial assistance agreement
or contract under the Job Training Partnership Act or title I of
the Workforce Investment Act of 1998 induces any person to give up
any money or thing of any value to any person (including such
organization or agency receiving funds) shall be fined under this
title, or imprisoned not more than 1 year, or both.
(c) Whoever willfully obstructs or impedes or willfully endeavors
to obstruct or impede, an investigation or inquiry under the Job
Training Partnership Act or title I of the Workforce Investment Act
of 1998, or the regulations thereunder, shall be punished by a fine
under this title, or by imprisonment for not more than 1 year, or
by both such fine and imprisonment.
SOURCE
(Added Pub. L. 93-203, title VII, Sec. 711(a), formerly title VI,
Sec. 611(a), Dec. 28, 1973, 87 Stat. 881; renumbered title VII,
Sec. 711(a), Pub. L. 93-567, title I, Sec. 101, Dec. 31, 1974, 88
Stat. 1845; amended Pub. L. 95-524, Sec. 3(a), Oct. 27, 1978, 92
Stat. 2017; Pub. L. 97-300, title I, Sec. 182, Oct. 13, 1982, 96
Stat. 1357; Pub. L. 101-647, title XXXV, Sec. 3517, Nov. 29, 1990,
104 Stat. 4923; 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. 105-277, div.
A, Sec. 101(f) [title VIII, Sec. 405(d)(13)], Oct. 21, 1998, 112
Stat. 2681-337, 2681-421; Pub. L. 107-273, div. B, title IV, Sec.
4002(d)(1)(B), Nov. 2, 2002, 116 Stat. 1809.)
REFERENCES IN TEXT
The Job Training Partnership Act, referred to in text, is Pub. L.
97-300, Oct. 13, 1982, 96 Stat. 1322, as amended, which was
classified generally to chapter 19 (Sec. 1501 et seq.) of Title 29,
Labor, prior to repeal by Pub. L. 105-220, title I, Sec. 199(b)(2),
(c)(2)(B), Aug. 7, 1998, 112 Stat. 1059, effective July 1, 2000.
For complete classification of this Act to the Code, see Tables.
The Workforce Investment Act of 1998, referred to in text, is
Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as amended. Title I
of the Act is classified principally to chapter 30 (Sec. 2801 et
seq.) of Title 29, Labor. For complete classification of this Act
to the Code, see Short Title note set out under section 9201 of
Title 20, Education, and Tables.
CODIFICATION
Section 711(a) of Pub. L. 93-203, cited as a credit to this
section, was omitted in the general revision of Pub. L. 93-203 by
Pub. L. 95-524.
AMENDMENTS
2002 - Subsec. (c). Pub. L. 107-273 substituted "a fine under
this title" for "a fine of not more than $5,000".
1998 - Subsecs. (a) to (c). Pub. L. 105-277 substituted "the Job
Training Partnership Act or title I of the Workforce Investment Act
of 1998" for "the Comprehensive Employment and Training Act or the
Job Training Partnership Act".
1996 - Subsec. (a). Pub. L. 104-294 substituted "$1,000" for
"$100".
1994 - Subsec. (a). Pub. L. 103-322 substituted "fined under this
title" for "fined not more than $10,000" after "such Act shall be"
and for "fined not more than $1,000" after "person shall be".
Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(H), substituted
"fined under this title" for "fined not more than $1,000".
1990 - Pub. L. 101-647 substituted semicolons for colons in
section catchline and "Whoever" for "Any person whoever" in subsec.
(c).
1982 - Subsec. (a). Pub. L. 97-300 inserted "or organization"
after "any agency", "or any funds" after "financial assistance",
"or Job Training Partnership Act" after "Comprehensive Employment
and Training Act", substituted "participant" for "individual or
individuals", and "financial assistance agreement or contract" for
"grant or contract of assistance".
Subsec. (b). Pub. L. 97-300 substituted "financial assistance
agreement or contract" for "grant or contract of assistance",
inserted "or the Job Training Partnership Act" after "Comprehensive
Employment and Training Act", substituted "any person" for "any
persons" after "induces", and substituted "organization or agency
receiving funds" for "grantee agency".
Subsec. (c). Pub. L. 97-300 inserted "willfully" before
"endeavors to obstruct", and "or the Job Training Partnership Act"
after "Comprehensive Employment and Training Act".
1978 - Pub. L. 95-524 substituted "employment and training
funds:" for "manpower funds;" and inserted ": obstruction of
investigations" after "improper inducement" in section catchline.
Subsec. (a). Pub. L. 95-524 substituted "Comprehensive Employment
and Training Act knowingly hires an ineligible individual or
individuals," for "Comprehensive Employment and Training Act of
1973".
Subsec. (b). Pub. L. 95-524 substituted "Comprehensive Employment
and Training Act" for "Comprehensive Employment and Training Act of
1973".
Subsec. (c). Pub. L. 95-524 added subsec. (c).
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