18 U.S.C. § 649

Custodians failing to deposit moneys; persons affected

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(a) Whoever, having money of the United States in his possession or under his control, fails to deposit it with the Treasurer or some public depositary of the United States, when required so to do by the Secretary of the Treasury or the head of any other proper department or agency or by the Government Accountability Office, is guilty of embezzlement, and shall be fined under this title or in a sum equal to the amount of money embezzled, whichever is greater, or imprisoned not more than ten years, or both; but if the amount embezzled is $1,000 or less, he shall be fined under this title or imprisoned not more than one year, or both.(b) This section and sections 643, 648, 650 and 653 of this title shall apply to all persons charged with the safe-keeping, transfer, or disbursement of the public money, whether such persons be charged as receivers or depositaries of the same.(June 25, 1948, ch. 645, 62 Stat. 727; Pub. L. 103–322, title XXXIII, § 330016(1)(H), (2)(G), Sept. 13, 1994, 108 Stat. 2147, 2148; Pub. L. 104–294, title VI, § 606(a), Oct. 11, 1996, 110 Stat. 3511; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§ 177, 178 (Mar. 4, 1909, ch. 321, §§ 91, 92, 35 Stat. 1105; May 29, 1920, ch. 214, § 1, 41 Stat. 654; June 10, 1921, ch. 18, § 304, 42 Stat. 24).

Sections were consolidated.

Words “or agency” were inserted after “department”. See definition of “agency” in section 6 of this title.

Mandatory punishment provisions made in alternative.

The smaller punishment for an offense involving $100 or less was inserted. (See reviser’s notes under sections 641, 645 of this title.)

Minor changes were made in phraseology.

Editorial NotesAmendments

2004—Subsec. (a). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.

1996—Subsec. (a). Pub. L. 104–294 substituted “$1,000” for “$100”.

1994—Subsec. (a). Pub. L. 103–322, § 330016(2)(G), substituted “shall be fined under this title or in a sum equal to the amount of money embezzled, whichever is greater, or imprisoned” for “shall be fined in a sum equal to the amount of money embezzled or imprisoned”.

Pub. L. 103–322, § 330016(1)(H), substituted “fined under this title” for “fined not more than $1,000” after “he shall be”.

Executive DocumentsTransfer of Functions

Functions of all officers of Department of the Treasury, and functions of all agencies and employees of such Department, transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. The Treasurer of the United States, referred to in this section, is an officer of Department of the Treasury.

Notes of Decisions

Cited in 8 cases, 1984–2009 · leading case: United States v. Bernette Floyd Jackson

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United States v. Bernette Floyd Jackson (1985) ca4 · cites it 5× “SPROUSE, Circuit Judge: Bernette Floyd Jackson appeals her convictions after jury trial of nineteen counts of violating 18 U.S.C. § 649 (1982) by failing to make timely deposits of cash and checks paid to the United States.”

United States v. Klingler (1993) mied · cites it 13× “§ 641 , 1 and for one count of failing to timely deposit Government monies in violation of 18 U.S.C. § 649 . 2 The United States of America (Government) alleges that in a series of transactions from September 1991 to February or March 1992 Klingler, in her capacity as a licensed…”

United States v. Chester Fernando (1984) ca10 · cites it 4× “The United States appeals from the district court’s dismissal of a one-count indictment charging defendant Chester Fernando with violating 18 U.S.C. § 649 . That section imposes criminal liability on one who does not deposit “money of the United States” in his possession or…”

United States v. Kathy Klingler (1995) ca6 · cites it 2× “§ 641 1 for theft, conversion, or embezzlement of “money, or thing of value of the United States,” and under 18 U.S.C. § 649 2 for failing to make a timely deposit of “money of the United States.”

Boyd v. Wilmington Trust Co. (2009) ded “§ 648 15 , 18 U.S.C. § 649 16 , 18 U.S.C. § 650 17 , 18 U.”

Jackson v. United States (1985) scotus “Title 18 U. S. C. § 649 (a) makes it a crime for one having “money of the United States” under his or her control to fail to deposit it when required to do so.”

United States v. Lund (1987) vaed · cites it 2× “There, defendant was convicted of violating 18 U.S.C. § 649 (embezzlement statute) by failing to make timely deposits of cash and checks paid to the United States.”

United States v. Miller (2002) wvsd · cites it 2× “In Johnson , our Court of Appeals found that when a group of conspirators filled their tanker truck with gasoline stolen from a single service station three times on the same night, the conspirators had committed three separate violations of 18 U.S.C. § 649 . 4 In rejecting…”

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