18 U.S. Code § 153 - Embezzlement against estate

(a) Offense.— A person described in subsection (b) who knowingly and fraudulently appropriates to the person’s own use, embezzles, spends, or transfers any property or secretes or destroys any document belonging to the estate of a debtor shall be fined under this title, imprisoned not more than 5 years, or both.
(b) Person to Whom Section Applies.— A person described in this subsection is one who has access to property or documents belonging to an estate by virtue of the person’s participation in the administration of the estate as a trustee, custodian, marshal, attorney, or other officer of the court or as an agent, employee, or other person engaged by such an officer to perform a service with respect to the estate.

Source

(June 25, 1948, ch. 645, 62 Stat. 690; Pub. L. 95–598, title III, § 314(a)(1), (d)(1), (2),Nov. 6, 1978, 92 Stat. 2676, 2677; Pub. L. 103–322, title XXXIII, § 330016(1)(K),Sept. 13, 1994, 108 Stat. 2147; Pub. L. 103–394, title III, § 312(a)(1)(A),Oct. 22, 1994, 108 Stat. 4139; Pub. L. 104–294, title VI, § 601(a)(1),Oct. 11, 1996, 110 Stat. 3497.)
Historical and Revision Notes

Based on section 52(a) of title 11, U.S.C., 1940 ed., Bankruptcy (July 1, 1898, ch. 541, § 29a,30 Stat. 554; May 27, 1926, ch. 406, § 11 (part),44 Stat. 665; June 22, 1938, ch. 575, § 1 (part),52 Stat. 855).
Minor changes were made in phraseology.
Amendments

1996—Subsec. (a). Pub. L. 104–294substituted “fined under this title” for “fined not more than $5,000”.
1994—Pub. L. 103–394amended section generally. Prior to amendment, section read as follows: “Whoever knowingly and fraudulently appropriates to his own use, embezzles, spends, or transfers any property or secretes or destroys any document belonging to the estate of a debtor which came into his charge as trustee, custodian, marshal, or other officer of the court, shall be fined under this title or imprisoned not more than five years, or both.”
Pub. L. 103–322substituted “fined under this title” for “fined not more than $5,000”.
1978—Pub. L. 95–598struck out “, receiver” after “trustee” in section catchline and in text struck out “receiver,” before “custodian” and substituted “debtor” for “bankrupt”.
Effective Date of 1994 Amendment

Amendment by Pub. L. 103–394effective Oct. 22, 1994, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before Oct. 22, 1994, see section 702 ofPub. L. 103–394, set out as a note under section 101 of Title 11.
Effective Date of 1978 Amendment

Amendment by Pub. L. 95–598effective Oct. 1, 1979, see section 402(a) ofPub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
Savings Provision

Amendment by section 314 ofPub. L. 95–598not to affect the application of chapter 9 (§ 151 et seq.), chapter 96 (§ 1961 et seq.), or section 2516, 3057, or 3284 of this title to any act of any person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in connection with a case commenced before such date, see section 403(d) ofPub. L. 95–598, set out as a note preceding section 101 of Title 11, Bankruptcy.

 

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