18 U.S.C. § 648

Custodians, generally, misusing public funds

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Whoever, being an officer or other person charged by any Act of Congress with the safe-keeping of the public moneys, loans, uses, or converts to his own use, or deposits in any bank, including any branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or exchanges for other funds, except as specially allowed by law, any portion of the public moneys intrusted to him for safe-keeping, is guilty of embezzlement of the money so loaned, used, converted, deposited, or exchanged, and shall be fined under this title or in a sum equal to the amount of 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.

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 1980–2021 · leading case: Van Buren v. United States, 593 U.S. 374 (2021).

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Van Buren v. United States, 593 U.S. 374 (2021). “§171 (8) (authorizing Secretary of Agriculture “[t]o sell guayule or rubber processed from guayule and to use funds so ob- tained in replanting and maintaining an area”); 18 U. S. C. §648 (any person responsible for “safe-keeping of the public moneys” who “loans, uses, or…”

Cohen v. JP Morgan Chase & Co., 498 F.3d 111 (2d Cir. 2007). “Similarly, 18 U.S.C. § 648 and § 653 proscribe as “embezzlement” the unauthorized use, conversion, transfer, or application of “any portion of the public moneyfs] intrusted to [certain persons]” (emphasis added).”

Freeman v. Quicken Loans, Inc., 132 S. Ct. 2034 (2012). “, 18 U. S. C. § 648 (“portion”); 5 U. S. C.”

Boyd v. Wilmington Trust Co., 630 F. Supp. 2d 379 (D. Del. 2009). “§ 647 14 , 18 U.S.C. § 648 15 , 18 U.S.C. § 649 16 , 18 U.”

Jones v. Gen. Elec. Co. (D. Maryland 2019). “§ 641 (Chapter 31—Embezzlement and Theft, Section 641—Public Money, Property or Records); • 18 U.S.C. § 648 (Chapter 31—Embezzlement and Theft, Section 648—Custodians, Generally, Misusing Public Funds); • 18 U.”

Lewis-Davis v. Baltimore Cnty. Pub. Schs. Infants & Toddlers Prog. (D. Maryland 2021). “10, 2007) ( 18 U.S.C. § 648 does not provide a private civil causes of action); NYSA-ILA Med.”

Garnishment Under the Child Support Enf't Act of Comp. Payable by the Dep't of Vets. Affairs (OLC 1989). “For exam ple, 18 U.S.C. § 648 , which prescribes criminal penalties for embezzle ment, prohibits any “officer or other person charged by any Act of Congress with the safe-keeping of the public moneys” from “loan[ing], us[ing], or converging] to his own use .”

Ethical Restraints of the ABA Code of Prof'l Responsibility on Fed. Crim. Investigations (OLC 1980). “” We have opined that §533 constitutes an exception where such deposits were a necessary part of an FBI undercover operation.”

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