18 U.S.C. § 665

Theft or embezzlement from employment and training funds; improper inducement; obstruction of investigations

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(a) Whoever, being an officer, director, agent, or employee of, or connected in any capacity with any agency or organization receiving financial assistance or any funds under title I of the Workforce Innovation and Opportunity Act or title I of the Workforce Investment Act of 1998 knowingly enrolls an ineligible participant, embezzles, willfully misapplies, steals, or obtains by fraud any of the moneys, funds, assets, or property which are the subject of a financial assistance agreement or contract pursuant to such Act shall be fined under this title or imprisoned for not more than 2 years, or both; but if the amount so embezzled, misapplied, stolen, or obtained by fraud does not exceed $1,000, such person shall be fined under this title or imprisoned not more than 1 year, or both.(b) Whoever, by threat or procuring dismissal of any person from employment or of refusal to employ or refusal to renew a contract of employment in connection with a financial assistance agreement or contract under title I of the Workforce Innovation and Opportunity Act or title I of the Workforce Investment Act of 1998 induces any person to give up any money or thing of any value to any person (including such organization or agency receiving funds) shall be fined under this title, or imprisoned not more than 1 year, or both.(c) Whoever willfully obstructs or impedes or willfully endeavors to obstruct or impede, an investigation or inquiry under title I of the Workforce Innovation and Opportunity Act or title I of the Workforce Investment Act of 1998, or the regulations thereunder, shall be punished by a fine under this title, or by imprisonment for not more than 1 year, or by both such fine and imprisonment.(Added Pub. L. 93–203, title VII, § 711(a), formerly title VI, § 611(a), Dec. 28, 1973, 87 Stat. 881; renumbered title VII, § 711(a), Pub. L. 93–567, title I, § 101, Dec. 31, 1974, 88 Stat. 1845; amended Pub. L. 95–524, § 3(a), Oct. 27, 1978, 92 Stat. 2017; Pub. L. 97–300, title I, § 182, Oct. 13, 1982, 96 Stat. 1357; Pub. L. 101–647, title XXXV, § 3517, Nov. 29, 1990, 104 Stat. 4923; Pub. L. 103–322, title XXXIII, § 330016(1)(H), (L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, § 606(a), Oct. 11, 1996, 110 Stat. 3511; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(13)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–421; Pub. L. 107–273, div. B, title IV, § 4002(d)(1)(B), Nov. 2, 2002, 116 Stat. 1809; Pub. L. 113–128, title V, § 512(ee), July 22, 2014, 128 Stat. 1718.)Editorial NotesReferences in Text

The Workforce Innovation and Opportunity Act, referred to in text, is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. Title I of the Act is classified generally to subchapter I (§ 3111 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables.

The Workforce Investment Act of 1998, referred to in text, is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936, and was repealed by Pub. L. 113–128, title V, §§ 506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, effective July 1, 2015. Title I of the Act was classified principally to former chapter 30 (former § 2801 et seq.) of Title 29, Labor. Pursuant to section 3361(a) of Title 29, references to a provision of the Workforce Investment Act of 1998 are deemed to refer to the corresponding provision of the Workforce Innovation and Opportunity Act, Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, effective July 1, 2015. For complete classification of this Act to the Code, see Tables.

Codification

Section 711(a) of Pub. L. 93–203, cited as a credit to this section, was omitted in the general revision of Pub. L. 93–203 by Pub. L. 95–524.

Amendments

2014—Subsec. (a). Pub. L. 113–128, § 512(ee)(1), substituted “Whoever, being an officer, director, agent, or employee of, or connected in any capacity with any agency or organization receiving financial assistance or any funds under title I of the Workforce Innovation and Opportunity Act or title I of the Workforce Investment Act of 1998” for “Whoever, being an officer, director, agent, or employee of, or connected in any capacity with any agency or organization receiving financial assistance or any funds under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998”.

Subsec. (b). Pub. L. 113–128, § 512(ee)(2), substituted “a contract of employment in connection with a financial assistance agreement or contract under title I of the Workforce Innovation and Opportunity Act or title I of the Workforce Investment Act of 1998” for “a contract of employment in connection with a financial assistance agreement or contract under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998”.

Subsec. (c). Pub. L. 113–128, § 512(ee)(3), substituted “Whoever willfully obstructs or impedes or willfully endeavors to obstruct or impede, an investigation or inquiry under title I of the Workforce Innovation and Opportunity Act or title I of the Workforce Investment Act of 1998,” for “Whoever willfully obstructs or impedes or willfully endeavors to obstruct or impede, an investigation or inquiry under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998,”.

2002—Subsec. (c). Pub. L. 107–273 substituted “a fine under this title” for “a fine of not more than $5,000”.

1998—Subsecs. (a) to (c). Pub. L. 105–277 substituted “the Job Training Partnership Act or title I of the Workforce Investment Act of 1998” for “the Comprehensive Employment and Training Act or the Job Training Partnership Act”.

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

1994—Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000” after “such Act shall be” and for “fined not more than $1,000” after “person shall be”.

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

1990—Pub. L. 101–647 substituted semicolons for colons in section catchline and “Whoever” for “Any person whoever” in subsec. (c).

1982—Subsec. (a). Pub. L. 97–300 inserted “or organization” after “any agency”, “or any funds” after “financial assistance”, “or Job Training Partnership Act” after “Comprehensive Employment and Training Act”, substituted “participant” for “individual or individuals”, and “financial assistance agreement or contract” for “grant or contract of assistance”.

Subsec. (b). Pub. L. 97–300 substituted “financial assistance agreement or contract” for “grant or contract of assistance”, inserted “or the Job Training Partnership Act” after “Comprehensive Employment and Training Act”, substituted “any person” for “any persons” after “induces”, and substituted “organization or agency receiving funds” for “grantee agency”.

Subsec. (c). Pub. L. 97–300 inserted “willfully” before “endeavors to obstruct”, and “or the Job Training Partnership Act” after “Comprehensive Employment and Training Act”.

1978—Pub. L. 95–524 substituted “employment and training funds:” for “manpower funds;” and inserted “: obstruction of investigations” after “improper inducement” in section catchline.

Subsec. (a). Pub. L. 95–524 substituted “Comprehensive Employment and Training Act knowingly hires an ineligible individual or individuals,” for “Comprehensive Employment and Training Act of 1973”.

Subsec. (b). Pub. L. 95–524 substituted “Comprehensive Employment and Training Act” for “Comprehensive Employment and Training Act of 1973”.

Subsec. (c). Pub. L. 95–524 added subsec. (c).

Statutory Notes and Related SubsidiariesEffective Date of 2014 Amendment

Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor.

Notes of Decisions
Cited in 65 cases (1 in the last 5 years), 1937–2025 · leading case: United States v. Firooz Jalili
United States v. Firooz Jalili (1991) ca6 · cites it 4× “Plaintiff-appellant, the United States, appeals the vacation of the original sentence and resentencing of defendant-appellee, Fi-rooz Jalili, in his conviction for obstruction of a Job Training Partnership Act (JTPA) investigation in violation of 18 U.S.C. § 665 (c). For the…”
United States v. Burrell Billingslea (1979) ca5 · cites it 6× “38 in violation of 18 U.S.C.A. § 665 ; and (3) one count of violating 18 U.”
United States v. James R. Brown and Carol Herklotz (1982) ca7 · cites it 3× “Brown were charged with violating 18 U.S.C. § 665 by conspiring to embezzle and misapply property belonging to an employment training program funded under the Comprehensive Employment and Training Act of 1973 (CETA), 29 U.”
United States v. Jerry Mosley (1981) ca7 · cites it 4× “§ 201 (g) and 18 U.S.C. § 665 (b) by soliciting through threats and receiving money in exchange for giving preferential treatment to certain individuals seeking jobs under the Comprehensive Employment and Training Programs Act, 29 U.”
United States v. Alva Dotson Bennett (1983) ca9 · cites it 4× “§ 1001 , seven counts of theft and embezzlement of CETA funds, 18 U.S.C. § 665 (a), and two counts of filing false income tax returns, 26 U.”
Hobby v. United States (1984) scotus · cites it 2× “§§ 371 and 665, and three counts of fraudulently obtaining *341 and misapplying CETA grant funds, in violation of 18 U. S. C. § 665 . Prior to trial in the United States District Court for the Eastern District of North Carolina, petitioner moved for dismissal of the indictment…”
Fischer v. United States (2000) scotus · cites it 2× “18 U. S. C. § 665 ("Whoever, being . . . connected in any capacity with any agency or organization receiving financial assistance or any funds under [a certain federal program] knowingly enrolls an ineligible participant, embezzles, willfully misapplies, steals, or obtains by…”
United States v. Brown (1981) wiwd · cites it 7× “Count I jointly charges the defendants with conspiracy to violate 18 U.S.C. §§ 665 and 1001, respectively, by embezzling and misapplying property under the Comprehensive Employment and Training Act (CETA), and by causing false written statements to be made in matters within the…”
United States Ex Rel. Gagne v. City of Worcester (2009) ca1 “[Willand and other City em *44 ployees] did knowingly and willfully combine, conspire, and agree with each other, and with others known and unknown to the Relators, to commit offenses against the United States, to wit, fraud or misapplication concerning Federal funds under the…”
Brock v. Pierce County (1986) scotus “Thus the amendments contained numerous anti-fraud measures, including a provision for criminal sanctions, 18 U. S. C. § 665 (a) (1976 ed., Supp. V), bonding requirements for grant recipients, 29 U.”
United States v. Cunningham (2010) ca8 · cites it 2× “§ 371 , two counts of fraud or misapplication concerning federal funds under the Workforce Investment Act in violation of 18 U.S.C. § 665 (a), four counts of fraud or misapplication concerning a program receiving federal funds in violation of 18 U.”
United States v. Donald E. Meadows (1979) ca5 · cites it 3× “He was convicted of “obtain[ing] by fraud” the duplicate paychecks in violation of 18 U.S.C. § 665 . Because the district court improperly charged the jury in its definition of fraud as applied to the facts of the case, we reverse and remand for a new trial.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.