Penalties. Act Feb. 27, 1906, 34 Stat. L.. 48, 510, sec. 3. Sec. 3679, R. S., amended. ceive as a pledge, mortgage, sale, assignment or transfer of any right, claim, or interest in any pension, or pension certificate, which has been, or may hereafter be granted or issued, or who shall hold the same as collateral security for any debt, or promise, or upon any pretext of such security, or promise, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding one hundred dollars and the costs of the prosecution; and any person who shall retain the certificate of a pensioner and refuse to surrender the same upon the demand of the Commissioner of Pensions, or a United States pension agent, or any other person authorized by the Commissioner of Pensions or the pensioner to receive the same shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding one hundred dollars and the costs of the prosecution. That section thirty-six hundred and seventy-nine of the Revised Statutes of the United States, as amended by section four of the deficiency appropriation act approved 33 Stat. L., 1257. March third, nineteen hundred and five, is hereby further amended to read as follows: Act Mar. 3,1905, in excess of ap bidden. ice. Expenditures "SEC. 3679. No Executive Department or other Governpropriation for- ment establishment of the United States shall expend, in any one fiscal year, any sum in excess of appropriations made by Congress for that fiscal year, or involve the Government in any contract or other obligation for the future payment of money in excess of such appropriations unless such contract or obligation is authorized by Voluntary serv-law. Nor shall any Department or any officer of the Government accept voluntary service for the Government or employ personal service in excess of that authorized by law, except in cases of sudden emergency involving the loss of human life or the destruction of property. All appropriations made for contingent expenses or other general purposes, except appropriations made in fulfillment of contract obligations expressly authorized by law, or for objects required or authorized by law without reference to the amounts annually appropriated therefor, shall, on prevent deficien- or before the beginning of each fiscal year, be so apportioned by monthly or other allotments as to prevent expenditures in one portion of the year which may necessitate deficiency or additional appropriations to complete the service of the fiscal year for which said appropriations are made; and all such apportionments shall be Allotments to cies. emergencies. propriations not included. adhered to and shall not be waived or modified except Exceptions in upon the happening of some extraordinary emergency or unusual circumstance which could not be anticipated at the time of making such apportionment, but this provision shall not apply to the contingent appropriations of the Contingent apSenate or House of Representatives; and in case said Senate and House apportionments are waived or modified as herein provided, the same shall be waived or modified in writing by Written orders the head of such Executive Department or other Government establishment having control of the expenditure, and the reasons therefor shall be fully set forth in each particular case and communicated to Congress in connection with estimates for any additional appropriations required on account thereof. Any person violating any provision of this section shall be summarily removed from office and may also be punished by a fine of not less than Penalty. one hundred dollars or by imprisonment for not less than one month." sec. 32. pre tending to be States officer. 1884, 23 Stat. L. Whoever, with intent to defraud either the United Criminal Code, States or any person, shall falsely assume or pretend to Falsely be an officer or employee acting under the authority of United the United States, or any Department, or any officer of the Act Apr. 18 Government thereof, and shall take upon himself to act as 11. such, or shall in such pretended character demand or obtain from any person or from the United States, or any Department, or any officer of the Government thereof, any money, paper, document, or other valuable thing, shall be fined not more than one thousand dollars, or im- Penalty. prisoned not more than three years, or both. I sec. 33. tion of holder of False persona public stocks, pensioner, etc. Soc. 5435, R. S. Whoever shall falsely personate any true and lawful holder of any share or sum in the public stocks or debt of the United States, or any person entitled to any annuity, dividend, pension, prize money, wages, or other debt due from the United States, and, under color of such false personation, shall transfer or endeavor to transfer such public stock or any part thereof, or shall receive or endeavor to receive the money of such true and lawful holder thereof, or the money of any person really entitled to receive such annuity, dividend, pension, prize money, wages, or other debt, shall be fined not more than five Penalty. thousand dollars and imprisoned not more than ten years. Whoever shall knowingly or fraudulently demand or Id., sec. 34. endeavor to obtain any share or sum in the public stocks on of the United States, or to have any part thereof trans- nec 8001-12-13 False demand fraudulent power of attor Sec. 5436, R. S. Penalty. Act Feb. 10, 1891, 26 Stat. L., 746, c. 130. Secs. 4783 and ferred, assigned, sold, or conveyed, or to have any annuity, dividend, pension, prize money, wages, or other debt due from the United States, or any part thereof, received, or paid by virtue of any false, forged, or counterfeited power of attorney, authority, or instrument, shall be fined not more than five thousand dollars and imprisoned not more than ten years. That sections forty-seven hundred and eighty-three and fifty-four hundred and eighty-six of the Revised 5486 R. S., Statutes be, and the same are hereby, so amended as to read as follows: amended. Embezzlement 66 of pension money. Criminal Code, sec. 86. larger sums than are paid. Sec. 5483, R. S. Every guardian, conservator, curator, committee, tutor, or other person having charge and custody in a fiduciary capacity of the pension of his ward, who shall embezzle the same in violation of his trust, or fraudulently convert the same to his own use, shall be punished by fine not exceeding two thousand dollars or imprisonment at hard labor for a term not exceeding five years, or both, at the discretion of the court." Whoever, being an officer, clerk, agent, employee, or Receipting for other person charged with the payment of any appropriation made by Congress, shall pay to any clerk or other employee of the United States a sum less than that provided by law, and require such employee to receipt or give a voucher for an amount greater than that actually paid to and received by him, is guilty of embezzlement, and shall be fined in double the amount so withheld from any employee of the Government and imprisoned not more than two years. Penalty. Id., sec. 90. counts. Every officer or agent of the United States who, having cer to render ac- received public money which he is not authorized to reSec. 5491, R. S. tain as salary, pay, or emolument, fails to render his accounts for the same as provided by law shall be deemed guilty of embezzlement, and shall be fined in a sum equal to the amount of the money embezzled and imprisoned not more than ten years. Penalty. Id., sec. 94. zlement. The refusal of any person, whether in or out of office, dence of embez- charged with the safe-keeping, transfer, or disbursement Sec. 5495, R. S. of the public money to pay any draft, order, or warrant, drawn upon him by the proper accounting officer of the Treasury, for any public money in his hands belonging to the United States, no matter in what capacity the same may have been received, or may be held, or to transfer or disburse any such money, promptly, upon the legal requirement of any authorized officer, shall be deemed, upon the trial of any indictment against such person for embezzlement, prima facie evidence of such embezzlement. Evidence of conversion. If any officer charged with the disbursement of the pub- Id., sec. 95. lic moneys accepts, receives, or transmits to the Treasury Department to be allowed in his favor any receipt or voucher from a creditor of the United States without having paid to such creditor in such funds as the officer received for disbursement, or in such funds as he may be authorized by law to take in exchange, the full amount specified in such receipt or voucher, every such act is an act of conversion by such officer to his own use of the amount specified in such receipt or voucher. Id., sec. 40. Unlawfully taking or using pa pers in claim. Sec. 5454, R. S. Whoever shall take and carry away, without authority from the United States, from the place where it has been filed, lodged, or deposited, or where it may for the time being actually be kept by authority of the United States, any certificate, affidavit, deposition, written statement of facts, power of attorney, receipt, voucher, assignment, or other document, record, file, or paper, prepared, fitted, or intended to be used or presented in order to procure the payment of money from or by the United States, or any officer or agent thereof, or the allowance or payment of the whole or any part of any claim, account, or demand against the United States, whether the same has or has not already been so used or presented, and whether such claim, account, or demand, or any part thereof, has or has not already been allowed or paid; or whoever shall present, use, or attempt to use, any such document, record, file, or paper so taken and carried away, in order to procure the payment of any money from or by the United States, or any officer or agent thereof, or the allowance or payment of the whole or any part of any claim, account, or demand against the United States, shall be fined not more than five thousand dollars, or imprisoned not Penalty. more than ten years, or both. Whoever shall rob another of any kind or description of personal property belonging to the United States, or shall feloniously take and carry away the same, shall be fined not more than five thousand dollars, or imprisoned not more than ten years, or both. Id., sec. 46. sonal property of Sec. 5456, R.S. Penaity. Robbery of per United States. Embezzling Id., sec. 47. moneys, Act Mar. 3,1875, Whoever shall embezzle, steal, or purloin any money, property, record, voucher, or valuable thing whatever, of public etc. the moneys, goods, chattels, records, or property of the United States, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both. 18 Stat. L., 479, sec. 1. Id., sec. 48. Receivers, etc., property. 18 Stat. L., 479, sec. 2. Whoever shall receive, conceal, or aid in concealing, or of stolen public shall have or retain in his possession with intent to conAct Mar. 3,1875, vert to his own use or gain, any money, property, record, voucher, or valuable thing whatever, of the moneys, goods, chattels, records, or property of the United States, which has theretofore been embezzled, stolen, or purloined by any other person, knowing the same to have been so embezzled, stolen, or purloined, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both; and such person may be tried either before or after the conviction of the principal offender. Id., sec. 128. public records. Whoever shall willfully and unlawfully conceal, re300 5409, R. s. move, mutilate, obliterate, or destroy, or attempt to conceal, remove, mutilate, obliterate, or destroy, or, with intent to conceal, remove, mutilate, obliterate, destroy, or steal, shall take and carry away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined not more than two thousand dollars, or imprisoned not more than three years, or both. Penalty. Id., sec. 129. charge. Whoever, having the custody of any record, proceeding, ords by officer in map, book, document, paper, or other thing specified in Sec. 5408, R. S. the preceding section, shall willfully and unlawfully conceal, remove, mutilate, obliterate, falsify, or destroy any such record, proceeding, map, book, document, paper, or thing, shall be fined not more than two thousand dollars, or imprisoned not more than three years, or both; and shall moreover forfeit his office and be forever afterwards disqualified from holding any office under the Government of the United States. Penalty. Id., sec., 85. officials. by Sec. 5481, R. S., act June 28, 1906, Every officer, clerk, agent, or employee of the United States, and every person representing himself to be or as amended by assuming to act as such officer, clerk, agent, or employee, 34 Stat. L., 546. who, under color of his office, clerkship, agency, or employment, or under color of his pretended or assumed office, clerkship, agency, or employment, is guilty of extortion, and every person who shall attempt any act which if performed would make him guilty of extortion, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both. Penalty. |