Whoever, being a clerk or other officer of a court of the United States, fails to deposit promptly any money belonging in the registry of the court, or paid into court or received by the officers thereof, with the Treasurer or a designated depositary of the United States, in the name and to the credit of such court, or retains or converts to his own use or to the use of another any such money, is guilty of embezzlement and shall be fined under this title or not more than the amount 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.
This section shall not prevent the delivery of any such money upon security, according to agreement of parties, under the direction of the court.
Notes of Decisions
Interstate Securities Co. v. United States (1945)
ca10 · cites it 4×
“Leach defaulted, but the claimant sought remission of the forfeiture under 18 U.S.C.A. § 646 . 1 The trial court found that Leach had used the automobile involved to transport intoxicating liquor from the State of Missouri into the State of Oklahoma; that Leach had a reputation…”
United States v. Nandkishore Terry Arjoon (1992)
ca2
“Arjoon was arrested and charged with one count of embezzlement in violation of 18 U.S.C. § 646 . Arjoon pled guilty. In its Presentence Report (“PSR”), the Probation Department calculated the Bank’s total loss as a result of Arjoon’s embezzlement to be $489,000.”
United States v. One 1941 Cadillac Sedan, Motor & Serial No. 5367924 (1944)
ca7 · cites it 2×
“The applicable statute, 18 U.S.C.A. § 646 (b), reads: “In any such proceeding the court shall not allow the claim of any claimant for remission or mitigation unless and until he proves (1) that he has an interest in such vehicle or aircraft, as owner or otherwise, which he…”
City Nat. Bank & Trust Co. of Oklahoma City v. United States (1947)
ca8
“In its petition of intervention the appellant prayed that the forfeiture be remitted and mitigated under the authority of 18 U.S.C.A. § 646 . Appellant alleged, and, at the trial proved, that on February 27, 1946, it loaned to one Jack L.”
United States v. Kemp (1951)
ca10
“The only exception to the application of the custom laws to forfeitures incurred under the revenue laws is in cases arising under the Liquor Enforcement Act.”
United States v. One 1940 Plymouth Coupe Automobile (1942)
arwd · cites it 3×
“By the enactment of Section 204 of the Act of August 27, 1935, 18 U.S.C.A. § 646 , the Congress for the first time vested in the courts jurisdiction to remit or mitigate forfeitures.”
— 18 U.S.C. § 646(b) — 1 case
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