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    18 USC Sec. 1711                                            01/05/2009




    Sec. 1711. Misappropriation of postal funds


      Whoever, being a Postal Service officer or employee, loans, uses,
    pledges, hypothecates, or converts to his own use, or deposits in
    any bank, or exchanges for other funds or property, except as
    authorized by law, any money or property coming into his hands or
    under his control in any manner, in the execution or under color of
    his office, employment, or service, whether or not the same shall
    be the money or property of the United States; or fails or refuses
    to remit to or deposit in the Treasury of the United States or in a
    designated depository, or to account for or turn over to the proper
    officer or agent, any such money or property, when required to do
    so by law or the regulations of the Postal Service, or upon demand
    or order of the Postal Service, either directly or through a duly
    authorized officer or agent, is guilty of embezzlement; and every
    such person, as well as every other person advising or knowingly
    participating therein, shall be fined under this title or in a sum
    equal to the amount or value of the money or property embezzled,
    whichever is greater, or imprisoned not more than ten years, or
    both; but if the amount or value thereof does not exceed $1,000, he
    shall be fined under this title or imprisoned not more than one
    year, or both.
      This section shall not prohibit any Postal Service officer or
    employee from depositing, under the direction of the Postal
    Service, in a national bank designated by the Secretary of the
    Treasury for that purpose, to his own credit as Postal Service
    officer or employee, any funds in his charge, nor prevent his
    negotiating drafts or other evidences of debt through such bank, or
    through United States disbursing officers, or otherwise, when
    instructed or required so to do by the Postal Service, for the
    purpose of remitting surplus funds from one post office to another.


    (June 25, 1948, ch. 645, 62 Stat. 780; Pub. L. 91-375, Sec.
    6(j)(21), Aug. 12, 1970, 84 Stat. 778; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(H), (2)(G), Sept. 13, 1994, 108 Stat. 2147,
    2148; Pub. L. 104-294, title VI, Sec. 606(a), Oct. 11, 1996, 110
    Stat. 3511.)


      Based on title 18, U.S.C., 1940 ed., Sec. 355 (Mar. 4, 1909, ch.
    321, Sec. 225, 35 Stat. 1133; June 10, 1921, ch. 18, Sec. 304, 42
    Stat. 24).
      Said section 355 was divided into two sections, this section and
    section 3498 of this title.
      The smaller punishment for an offense involving $100 or less was
    added. (See reviser's notes under sections 641 and 645 of this
      Changes of phraseology only were made.
      1996 - Pub. L. 104-294 substituted "$1,000" for "$100" in first
      1994 - Pub. L. 103-322, Sec. 330016(2)(G), in first par.,
    substituted "be fined under this title or in a sum equal to the
    amount or value of the money or property embezzled, whichever is
    greater, or imprisoned" for "be fined in a sum equal to the amount
    or value of the money or property embezzled or imprisoned".
      Pub. L. 103-322, Sec. 330016(1)(H), in first par., substituted
    "fined under this title" for "fined not more than $1,000" after "he
    shall be".
      1970 - Pub. L. 91-375 substituted "Postal Service officer or
    employee" and "Postal Service" for "postmaster or Postal Service
    employee" and "Post Office Department" in first par., "Postal
    Service officer or employee" for "Postmaster" in two places in
    second par., and "Postal Service" for "Postmaster General" once in
    first par. after "order of the" and twice in second par.,
                     EFFECTIVE DATE OF 1970 AMENDMENT
      Amendment by Pub. L. 91-375 effective within 1 year after Aug.
    12, 1970, on date established therefor by Board of Governors of
    United States Postal Service and published by it in Federal
    Register, see section 15(a) of Pub. L. 91-375, set out as an
    Effective Date note preceding section 101 of Title 39, Postal
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