U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 9— BANKRUPTCY

18 U.S.C. § 153

Embezzlement against estate

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(a)Offense.—A person described in subsection (b) who knowingly and fraudulently appropriates to the person’s own use, embezzles, spends, or transfers any property or secretes or destroys any document belonging to the estate of a debtor shall be fined under this title, imprisoned not more than 5 years, or both.(b)Person to Whom Section Applies.—A person described in this subsection is one who has access to property or documents belonging to an estate by virtue of the person’s participation in the administration of the estate as a trustee, custodian, marshal, attorney, or other officer of the court or as an agent, employee, or other person engaged by such an officer to perform a service with respect to the estate.(June 25, 1948, ch. 645, 62 Stat. 690; Pub. L. 95–598, title III, § 314(a)(1), (d)(1), (2), Nov. 6, 1978, 92 Stat. 2676, 2677; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 103–394, title III, § 312(a)(1)(A), Oct. 22, 1994, 108 Stat. 4139; Pub. L. 104–294, title VI, § 601(a)(1), Oct. 11, 1996, 110 Stat. 3497.)Historical and Revision Notes

Based on section 52(a) of title 11, U.S.C., 1940 ed., Bankruptcy (July 1, 1898, ch. 541, § 29a, 30 Stat. 554; May 27, 1926, ch. 406, § 11 (part), 44 Stat. 665; June 22, 1938, ch. 575, § 1 (part), 52 Stat. 855).

Minor changes were made in phraseology.

Editorial NotesAmendments

1996—Subsec. (a). Pub. L. 104–294 substituted “fined under this title” for “fined not more than $5,000”.

1994—Pub. L. 103–394 amended section generally. Prior to amendment, section read as follows: “Whoever knowingly and fraudulently appropriates to his own use, embezzles, spends, or transfers any property or secretes or destroys any document belonging to the estate of a debtor which came into his charge as trustee, custodian, marshal, or other officer of the court, shall be fined under this title or imprisoned not more than five years, or both.”

Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000”.

1978—Pub. L. 95–598 struck out “, receiver” after “trustee” in section catchline and in text struck out “receiver,” before “custodian” and substituted “debtor” for “bankrupt”.

Statutory Notes and Related SubsidiariesEffective Date of 1994 Amendment

Amendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as a note under section 101 of Title 11.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

Savings Provision

Amendment by section 314 of Pub. L. 95–598 not to affect the application of chapter 9 (§ 151 et seq.), chapter 96 (§ 1961 et seq.), or section 2516, 3057, or 3284 of this title to any act of any person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in connection with a case commenced before such date, see section 403(d) of Pub. L. 95–598, set out as a note preceding section 101 of Title 11, Bankruptcy.

Notes of Decisions
Cited in 61 cases (6 in the last 5 years), 1968–2026 · leading case: United States v. Sherman Sharpe
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United States v. Sherman Sharpe (1993) ca6 · cites it 6× “Specifically, Sharpe was charged with 12 counts of “embezzlement” under 18 U.S.C. § 153 , 12 counts of “conversion” under 18 U.”
United States v. Lewis A. Zipkin (1984) ca6 · cites it 4× “Zipkin, an attorney, was indicted and convicted of violating 18 U.S.C. § 153 1 by knowingly and fraudulently appropriating to his own use $6,000 belonging to Greenwood Village, Incorporated, a bankrupt estate for whom Zipkin was serving as receiver.”
In the Disciplinary Matter Involving Buckalew (1987) alaska · cites it 4× “See 18 U.S.C. § 153 . The answer to the third inquiry (the injury or potential injury caused) is likewise readily apparent.”
United States Trustee v. Repp (In Re Sheehan) (1995) arb · cites it 6× “At the time the subject thefts occurred, 18 U.S.C. § 153 , which deals with embezzlement by a trustee or officer from a bankruptcy estate, read as follows: Whoever knowingly and fraudulently appropriates to his own use, embezzles, spends, or transfers any property or secretes or…”
In Re Parrish (2002) dcd · cites it 2× “Indeed, under 18 U.S.C. § 153 (a), a trustee is subject to criminal penalties if she embezzles property belonging to “the estate of a debtor.”
United States v. Sherrie Bennett (2017) ca5 “Bennett alone with three counts of bankruptcy fraud in violation of 18 U.S.C. § 153 . The jury trial began on July 19, 2016 and concluded ten days later.”
United States v. Joseph Eugene Levy (1993) ca10 · cites it 2× “37 for personal use, in violation of 18 U.S.C. § 153 . These are the counts to which he pled guilty.”
United States v. Hector M. Rodriguez-Estrada (1989) ca1 “Rodriguez was indicted by a federal grand jury on a myriad of charges involving embezzlement, misappropriation of property belonging to the bankruptcy estate, fraudulent withholding of financial records from the successor trustee, and false statements to the Internal Revenue…”
United States v. Robert J. McCarthy (2001) ca2 “§§ 371 and 1027, respectively; and one count of embezzlement of bankruptcy assets in violation of 18 U.S.C. § 153 . The district court sentenced McCarthy to 78 months imprisonment, three years supervised release, a $1,200 *394 special assessment, no fine and restitution of $1.”
United States v. John W. Unger, Jr. (1991) ca8 · cites it 2× “12 belonging to the estate of a debtor, in violation of 18 U.S.C. § 153 (1988). 1 At the sentencing hearing, Unger moved to withdraw his plea of guilty and to have the indictment against him dismissed.”
In Re Sugarman (1996) dc · cites it 5× “Code § ll-2503(a) (1995) in light of his plea of guilty and conviction in the United States District Court for the Southern District of Florida on seventeen counts of embezzlement by a trustee or other officer of the court engaged in administration of a bankruptcy debtor’s…”
United States v. Singleton, Carlos T. (1999) cadc “, 18 U.S.C. §§ 153 (embezzlement against estate); 289 (false claims for pensions); 335 (circulation of obligations of expired corporations); 602 (solicitation of political contributions); 1025 (false pretenses on the high seas); 1341 (frauds and swindles); 1367 (interference…”
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