TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 31 - EMBEZZLEMENT AND THEFT
HEAD
Sec. 666. Theft or bribery concerning programs receiving Federal
funds
STATUTE
(a) Whoever, if the circumstance described in subsection (b) of
this section exists -
(1) being an agent of an organization, or of a State, local, or
Indian tribal government, or any agency thereof -
(A) embezzles, steals, obtains by fraud, or otherwise without
authority knowingly converts to the use of any person other
than the rightful owner or intentionally misapplies, property
that -
(i) is valued at $5,000 or more, and
(ii) is owned by, or is under the care, custody, or control
of such organization, government, or agency; or
(B) corruptly solicits or demands for the benefit of any
person, or accepts or agrees to accept, anything of value from
any person, intending to be influenced or rewarded in
connection with any business, transaction, or series of
transactions of such organization, government, or agency
involving any thing of value of $5,000 or more; or
(2) corruptly gives, offers, or agrees to give anything of
value to any person, with intent to influence or reward an agent
of an organization or of a State, local or Indian tribal
government, or any agency thereof, in connection with any
business, transaction, or series of transactions of such
organization, government, or agency involving anything of value
of $5,000 or more;
shall be fined under this title, imprisoned not more than 10 years,
or both.
(b) The circumstance referred to in subsection (a) of this
section is that the organization, government, or agency receives,
in any one year period, benefits in excess of $10,000 under a
Federal program involving a grant, contract, subsidy, loan,
guarantee, insurance, or other form of Federal assistance.
(c) This section does not apply to bona fide salary, wages, fees,
or other compensation paid, or expenses paid or reimbursed, in the
usual course of business.
(d) As used in this section -
(1) the term "agent" means a person authorized to act on behalf
of another person or a government and, in the case of an
organization or government, includes a servant or employee, and a
partner, director, officer, manager, and representative;
(2) the term "government agency" means a subdivision of the
executive, legislative, judicial, or other branch of government,
including a department, independent establishment, commission,
administration, authority, board, and bureau, and a corporation
or other legal entity established, and subject to control, by a
government or governments for the execution of a governmental or
intergovernmental program;
(3) the term "local" means of or pertaining to a political
subdivision within a State;
(4) the term "State" includes a State of the United States, the
District of Columbia, and any commonwealth, territory, or
possession of the United States; and
(5) the term "in any one-year period" means a continuous period
that commences no earlier than twelve months before the
commission of the offense or that ends no later than twelve
months after the commission of the offense. Such period may
include time both before and after the commission of the offense.
SOURCE
(Added Pub. L. 98-473, title II, Sec. 1104(a), Oct. 12, 1984, 98
Stat. 2143; amended Pub. L. 99-646, Sec. 59(a), Nov. 10, 1986, 100
Stat. 3612; Pub. L. 101-647, title XII, Secs. 1205(d), 1209, Nov.
29, 1990, 104 Stat. 4831, 4832; Pub. L. 103-322, title XXXIII, Sec.
330003(c), Sept. 13, 1994, 108 Stat. 2140.)
AMENDMENTS
1994 - Subsec. (d)(3) to (5). Pub. L. 103-322 struck out "and" at
end of par. (3), substituted "; and" for the period at end of par.
(4), and redesignated second par. (4) defining "in any one-year
period" as (5).
1990 - Subsec. (d)(4). Pub. L. 101-647, Sec. 1209, added par. (4)
defining "in any one-year period".
Pub. L. 101-647, Sec. 1205(d), added par. (4) defining "State".
1986 - Pub. L. 99-646, in amending section generally, made
specific reference to applicability of section to agent of Indian
tribal government or agency thereof, inserted provision that
section does not apply to bona fide salary, wages, fees, or other
compensation paid, or expenses paid or reimbursed, in usual course
of business, struck out definition of term "organization", and
otherwise revised structure of section.
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