Whoever, being a United States marshal, clerk, receiver, referee, trustee, or other officer of a United States court, or any deputy, assistant, or employee of any such officer, retains or converts to his own use or to the use of another or after demand by the party entitled thereto, unlawfully retains any money coming into his hands by virtue of his official relation, position or employment, is guilty of embezzlement and shall, where the offense is not otherwise punishable by enactment of Congress, be fined under this title or not more than double the value of the money so embezzled, whichever is greater, or imprisoned not more than ten years, or both; but if the amount embezzled does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both.
It shall not be a defense that the accused person had any interest in such moneys or fund.
Notes of Decisions
United States v. Sherman Sharpe, 996 F.2d 125 (6th Cir. 1993).
· cites it 9× “Attorney Sherman Sharpe appeals his multiple-count conviction under 18 U.S.C. § 645 . We affirm the district court’s July 28, 1992 judgment for the following reasons.”
S. Union Co. v. United States, 132 S. Ct. 2344 (2012).
· cites it 2× “410 (c) (West 2002) (same); see also 18 U. S. C. §645 (fine for embezzlement by officers of United States courts of up to twice the value of the money embezzled); §201(b) (fine for bribery of public officials of up to three times the value of the bribe).”
Carter v. United States, 530 U.S. 255 (2000).
· cites it 2× “18 U. S. C. § 645 (criminalizing embezzlement by judicial officers, and providing that "[i]tshall not be a defense that the accused person had any interest in [the embezzled] moneys or fund").”
United States v. Thomas Chisolm Bartsh, 69 F.3d 864 (8th Cir. 1995).
· cites it 2× “§ 2314 (1988) and embezzlement by a court receiver in violation of 18 U.S.C. § 645 (1988). 1 We affirmed his sentence in United States v.”
Boyd v. Wilmington Trust Co., 630 F. Supp. 2d 379 (D. Del. 2009).
· cites it 2× “Criminal Statutes The civil cover sheet makes specific reference to statutes pertaining to embezzlement, theft, misuse of public funds, racketeering, and stolen property, and makes mention of Titles 12 and 15, but does not identify specific statutes under those Titles.”
United States v. Thomas Chisholm Bartsh, 985 F.2d 930 (8th Cir. 1993).
“On September 13, 1991, Bartsh waived indictment and pleaded guilty to embezzlement by a receiver in violation of 18 U.S.C. § 645 and fraudulent interstate commerce in violation of 18 U.”
United States v. Collier, 297 B.R. 676 (6th Cir. 2003).
“Defendant was charged and convicted in a single-count indictment of violating 18 U.S.C. § 645 (a) for knowingly making “one or more” false statements.”
Breeden v. Bennett (In Re Bennett Funding Grp., Inc.), 367 B.R. 302 (Bankr. N.D.N.Y. 2007).
“” Finally, 18 U.S.C. § 645 states that a trustee who “retains or converts to his own use or to the use of another or after demand by the party entitled thereto, unlawfully retains any money coming into his hands by virtue of his official relation, position or employment, is…”
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