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. (Mar. 4, 1909, ch. 321, § 94, 35 Stat. 1106; June 10, 1921, ch. 18, § 304, 42 Stat. 24.) DERIVATION R. S. § 5495, which was revised from act Aug. 6, 1846, ch. 90, 9 Stat. 63 and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153. § 181. (Criminal Code, section 95.) Evidence of conversion.— If any officer charged with the disbursement of the public moneys accepts, receives, or transmits to the General Accounting Office 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. (Mar. 4, 1909, ch. 321, § 95, 35 Stat. 1106; June 10, 1921, ch. 18, § 304, 42 Stat. 24.) DERIVATION R. S. § 5496, which was revised from act Aug. 6, 1846, ch. 90, 9 Stat. 63 and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153. § 182. (Criminal Code, section 96.) Banker receiving unauthorized deposit of public money.-Every banker, broker, or other person not an authorized depositary of public moneys, who shall knowingly receive from any disbursing officer, or collector of internal revenue, or other agent of the United States, any public money on deposit, or by way of loan or accommodation, with or without interest, or otherwise than in payment of a debt against the United States, or shall use, transfer, convert, appropriate, or apply any portion of the public money for any purpose not rescribed by law; and every president, cashier, teller, director, or other officer of any bank or banking association who shall violate any provision of this section is guilty of embezzlement of the public money so deposited, loaned, transferred, used, converted, appropriated, or applied, and shall be fined not more than the amount embezzled, or imprisoned not more than ten years, or both. (Mar. 4, 1909, ch. 321, § 96, 35 Stat. 1106.) DERIVATION R. S. § 5497, as amended by act Feb. 3, 1879, ch. 42, 20 Stat. 280, which was revised from act June 14, 1866, ch. 122, 14 Stat. 65 and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153. § 183. (Criminal Code, section 97.) Embezzlement by internal revenue officer.-Any officer connected with, or employed in, the Internal Revenue Service of the United States, and any assistant of such officer, who shall embezzle or wrongfully convert to his own use any money or other property of the United States, and any officer of the United States, or any assistant of such officer, who shall embezzle or wrongfully convert to his own use any money or property which may have come into his possession or under his control in the execution of such office or employment, or under color or claim of authority as such officer or assistant, whether the same shall be the money or property of the United States or of some other person or party, shall, where the offense is not otherwise punishable by some statue of the United States, be fined not more than the value of the money and property thus embezzled or converted, or imprisoned not more than ten years, or both. (Feb. 3, 1879, ch. 42, 20 Stat. 280 Mar. 4, 1909, ch. 321, § 97, 35 Stat. 1106.) DERIVATION R. S. § 5497, as amended by act Feb. 3, 1879, ch. 42, 20 Stat. 280, which was revised from act June 14, 1866, ch. 122, 14 Stat. 65 and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153. § 184. (Criminal Code, section 98.) Officer contracting beyond specific appropriation.-Whoever, being an officer of the United States, shall knowingly contract for the erection, repair, or furnishing of any public building, or for any public improvement, to pay a larger amount than the specific sums appropriated for such purpose, shall be fined not more than $2,000 and imprisoned not more than two years. (Mar. 4, 1909, ch. 321, § 98, 35 Stat. 1106.) DERIVATION R. S. § 5503, which was revised from act July 25, 1868, ch. 233, 15 Stat. 177 and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153. § 188. (Criminal Code, section 101.) Failure to make returns or reports. Every officer whom neglects or refuses to make any return or report which he is required to make at stated times by any Act of Congress or regulation of the Department of the Treasury, other than his accounts, within the time prescribed by such Act or regulation, shall be fined not more than $1,000. (Mar. 4, 1909, ch. 321, § 101, 35 Stat. 1107.) DERIVATION R. S. § 1780, which was revised from act July 18, 1866, ch. 201, 14 Stat. 188 and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153. § 189. False entries in accounts or records, or false reports of public or trustmoneys or securities.-Whoever, being an officer, clerk, agent, or other person holding any office or employment under the Government of the United States and, being charged with the duty of keeping accounts or records of any kind, shall, with intent to deceive, mislead, injure, or defraud the United States or any person, make in any such account or record any false or fictitious entry or record of any matter relating to or connected with his duties, or whoever with like intent shall aid or abet any such officer, clerk, agent, or other person in so doing; or whoever, being an officer, clerk, agent, or other person holding any office or employment under the Government of the United States and, being charged with the duty of receiving, holding, or paying over moneys or securities to, for, or on behalf of the United States, or of receiving or holding in trust for any person any moneys or securities, shall, with like intent, make a false report of such moneys or securities, or whoever with like intent shall aid or abet any such officer, clerk, agent, or other person in so doing, shall be fined not more than $5,000 or imprisoned not more than ten years, or both. (Mar. 4, 1911, ch. 270, 36 Stat. 1355.) § 192. (Criminal Code, section 103.) Trading in public property by collecting or disbursing officer.-Whoever, being an officer of the United States concerned in the collection or the disbursement of the revenues thereof, shall carry on any trade or business in the funds or debts of the United States, or of any State, or in any public property of either, shall be fined not more than $3,000 or imprisoned not more than one year, or both, and be removed from office, and thereafter be incapable of holding any office under the United States. (Mar. 4, 1909, ch. 321, § 103, 35 Stat. 1107.) DERIVATION R. S. §§ 1788, 1789, which were revised from acts Sept. 2, 1789, ch. 12, 1 Stat. 67; May 8, 1792, ch. 37, 1 Stat. 281; Mar. 2, 1799, ch. 22, 1 Stat. 695 and repealed by act. Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153. § 193. (Criminal Code, section 104.) Court officials purchasing fees at less than face value.-Whoever, being a judge, clerk, or deputy clerk of any court of the United States, or of any Territory thereof, or a United States district attorney, assistant attorney, marshall, deputy marshal, commissioner, or other person holding any office or employment, or position of trust or profit under the Government of the United States, shall, either directly or indirectly, purchase at less than the full face value thereof, any claim against the United States for the fee, mileage, or expenses of any witness, juror, deputy marshal, or any other officer of the court whatsoever, shall be fined not more than $1,000. (Mar. 4, 1909, ch. 321, § 104, 35 Stat. 1107.) DERIVATION Act Feb. 25, 1897, ch. 316, 29 Stat. 595, which was repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153. §195. (Criminal Code, section 106.) Other false certificates.Whoever being a public officer or other person authorized by any law of the United States to make or give a certificate or other writing, shall knowingly make and deliver as true such a certicate or writing, containing any statement which he knows to be false, in a case where the punishment thereof is not elsewhere expressly provided by law, shall be fined not more than $500, or imprisoned not more than one year or both. (Mar. 4, 1909, ch. 321, § 106, 35 Stat. 1107.) § 198. (Criminal Code, section 109.) Officers interested in claims against the United States. Whoever, being an officer of the United States, or a person holding any place of trust or profit, or discharging any official function under, or in connection with any executive department of the Government of the United States, or under the Senate or House of Representatives of the United States, shall act as an agent or attorney for prosecuting any claim against the United States, or in any manner, or by any means, otherwise than in discharge of his proper official duties, shall aid or assist in the prosecution or support of any such claim, or receive any gratuity, or any share of or interest in any claim from any claimant against the United States, with intent to aid or assist, or in consideration of having aided or assisted, in the prosecution of such claim, shall be fined not more than $5,000, or imprisoned not more than one year, or both. (Mar. 4, 1909, ch. 321, § 109, 35 Stat. 1107.) EXEMPTION OF CERTAIN SELECTIVE PERSONNEL Act May 5, 1941, ch. 85, 55 Stat. 150, as amended Dec. 26, 1941, ch. 628, 55 Stat. 861, provided: "That nothing in sections 109 and 113 of the Criminal Code (U. S. C., Title 18, secs. 198 and 203) or in section 190 of the Revised Statutes (U. S. C., Title 5, sec. 99) shall be deemed to apply to any person because of his appointment under authority of the Selective Training and Service Act of 1940 (Title 50 Appendix, § 301 et seq.) or the Selective Service Regulations made in pursuance thereof as a member of a local board, a board of appeal, an advisory board for registrants, as a State director, a Government appeal agent, or as an individual to conduct hearings on appeals of persons claiming exemption from combatant training and service because of conscientious objections as provided in section 5 (g) of the Selective Training and Service Act of 1940 (Title 50 Appendix, § 305 (g)); or because of his appointment as a member of an Alien Enemy Hearing Board to assist the Attorney General in the execution of any proclamations heretofore or hereafter issued by the President under the authority of the Alien Enemy Act of 1798 as amended (U. S. C., Title 50, secs. 21-24)." § 201. Use of appropriations to pay for personal service to influence Member of Congress to favor or oppose legislation.— No part of the money appropriated by any Act shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation; but this shall not prevent officers and emloyees of the United States from communicating to Members of Congress on the request of any Member or to Congress, through the proper official channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public busi ness. Any officer or employee of the United States who, after notice and hearing by the superior officer vested with the power of removing him, is found to have violated or attempted to violate this section, shall be removed by such superior officer from office or employment. Any officer or employee of the United States who violates or attempts to violate this section shall also be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not more than $500 or by imprisonment for not more than one year, or both. (July 11, 1919, ch. 6, § 6, 41 Stat. 68.) § 202. (Criminal Code, section 112.) Member of Congress taking consideration for procuring contract.-Whoever, being elected or appointed a Member of or Delegate to Congress, or a Resident Commissioner, shall, after his election or appointment and either before or after he has qualified, and during his continuance in office, or being an officer or agent of the United States, shall directly or indirectly take, receive, or agree to receive, from any person, any money, property, or other valuable consideration whatever, for procuring, or aiding to procure, any contract, appointive office, or place, from the United States or from any officer or department thereof, for any person whatever, or for giving any such contract, appointive office, or place to any person whomsoever; or whoever, directly or indirectly, shall offer, or agree to give, or shall give, or bestow, any money, property, or other valuable consideration whatever, for the procuring, or aiding to procure, any such contract, appointive office, or place, shall be fined not more than $10,000 and imprisoned not more than two years; and shall, moreover, be disqualified from holding any office of honor, profit, or trust under the Government of the United States. Any such contract or agreement may, at the option of the President, be declared void. (Mar. 4, 1909, ch. 321, § 112, 35 Stat. 1108.) DERIVATION R. S. § 1781, which was revised from acts July 16, 1862, ch. 180, 12 Stat. 577; Feb. 25, 1863, ch. 61, 12 Stat. 696 and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153. CROSS REFERENCES Application to contracts or agreements, with the Federal Crop Insurance Corporation under the Federal Crop Insurance Act, chapter 36 of Title 7, Agriculture, see section 1514 (f) of that title. § 203. (Criminal Code, section 113.) Receiving pay by Member of Congress in matters affecting United States; retired officers of armed forces.-Whoever, being elected or appointed a Senator, Member of or Delegate to Congress, or a Resident Commissioner, shall, after his election or appointment and either before or after he has qualified, and during his continuance in office, or being the head of a department, or other officer or clerk in the employ of the United States, shall, directly or indirectly, receive, or agree to receive, any compensation whatever for any services rendered or to be rendered to any person, either by himself or another, in relation to any proceeding, cnortcat, claim, controversy, charge, accusation, arrest, or other matter or thing in which the United States is a party or directly or indirectly interested, before any department, court martial, bureau, officer, or any civil, military, or naval commission whatever, shall be fined not more than $10,000 and imprisoned not more than two years; and shall moreover thereafter be incapable of holding any office of honor, trust, or profit under the Government of the United States. Retired officers of the Army, Navy, Marine Corps, and Coast Guard of the United States, while not on active duty, shall not by reason of their status as such be subject to the provisions of this section: Provided, That nothing herein shall be construed to allow any retired officer to represent any person in the sale of anything to the Government through the department in whose service he holds a retired status. (Mar. 4, 1909, ch. 321, § 113, 35 Stat. 1109; Oct. 8, 1940, ch. 762, 54 Stat. 1021.) DERIVATION R. S. § 1782, which was revised from act June 11, 1864, ch. 119, 13 Stat. 123 and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153. |