United States Code (Last Updated: May 24, 2014) |
Title 18. CRIMES AND CRIMINAL PROCEDURE |
Part I. CRIMES |
Chapter 9. BANKRUPTCY |
§ 153. Embezzlement against estate
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(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.
Historical And Revision
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. 104–294 substituted “fined under this title” for “fined not more than $5,000”.
1994—Pub. L. 103–394 amended 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. 103–322 substituted “fined under this title” for “fined not more than $5,000”.
1978—Pub. L. 95–598 struck out “, receiver” after “trustee” in section catchline and in text struck out “receiver,” before “custodian” and substituted “debtor” for “bankrupt”.
Effective Date Of Amendment
Amendment by Pub. L. 103–394 effective
Amendment by Pub. L. 95–598 effective
Savings
Amendment by section 314 of Pub. L. 95–598 not 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