1660
Protection of Government PropertyEmbezzlement by
Court Officers
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Three of these sections apply to misuse of funds by court officers.
See 18 U.S.C. §§ 645, 646, 647. Section 645 provides that
any
United States Marshal, clerk, receiver, referee, trustee or other officer or
employee of a United States court who retains or converts to his use or the
use
of another any money coming into his hands by virtue of his official duties
or
refuses to return such money after a demand by the party entitled to it,
violates
the law.
Section 646 forbids court officers from failing to promptly
deposit,
or from retaining or converting, moneys belonging to the registry of the
court.
Section 646 is complemented by 18 U.S.C. § 647 which prohibits knowing
receipt from a court officer of moneys belonging to the registry of the
court.
The penalties for violations of these three sections are tied to
the
amount of the funds taken. If that amount is $100 or less, the defendant is
subject to one year imprisonment, a $1,000 fine, or both. If that amount
exceeds
$100, the defendant may be sentenced to ten years imprisonment, a fine equal
to
the amount embezzled, or both.
[cited in USAM 9-66.300] | |