1691. Laws governing postal savings. 1692. Foreign mail as United States mail. 1693. Carriage of mail generally. 1694. Carriage of matter out of mail over post routes. 1695. Carriage of matter out of mail on vessels. 1696. Private express for letters and packets. 1697. Transportation of persons acting as private express. 1698. Prompt delivery of mail from vessel. 1699. Certification of delivery from vessel. 1700. Desertion of mails. 1701. Obstruction of mails generally. 1702. Obstruction of correspondence. 1703. Delay or destruction of mail or newspapers. 1704. Keys or locks stolen or reproduced. 1705. Destruction of letter boxes or mail. 1706. Injury to mail bags. 1707. Theft of property used by Postal Service. 1708. Theft or receipt of stolen mail matter generally. 1709. Theft of mail matter by postmaster or employee. 1710. Theft of newspapers. 1711. Misappropriation of postal funds. 1712. Falsification of postal returns to increase compensation. 1713. Issuance of money orders without payment. 1717. Letters and writings as nonmailable; opening letters. 1718. Libelous matter on wrappers or envelopes. 1719. Franking privilege. 1720. Canceled stamps and envelopes. 1721. Sale or pledge of stamps. 1722. False evidence to secure second-class rate. 1723. Avoidance of postage by using lower class matter. 1724. Postage on mail delivered by foreign vessels. 1725. Postage unpaid on deposited mail matter. 1726. Postage collected unlawfully. 1727. Postage accounting. 1728. Weight of mail increased fraudulently. 1729. Post office conducted without authority. 1730. Uniforms of carriers. 1731. Vehicles falsely labeled as carriers. 1732. Approval of bond or sureties by postmaster. CROSS REFERENCES Assault or interferences with postal clerk, see section 2116 of this title. Breaking and entering into post office, see section 2115 of this title. Definition of postal service, see section 12 of this title. False Claims for postal losses, see section 288 of this title. Statements in matters within Jurisdiction of Federal agency, see section 1001 of this title. Forcible entry into railway or steamboat post office, see section 2116 of this title. Mail fraud, see sections 1341, 1342 of this title. Money orders, counterfeiting, see section 500 of this title. Postage stamps, domestic and foreign, counterfeiting, see sections 501 and 502 of this title. Postal Employee having interest in mail contract, see section 440 of this title. Supply contracts, combinations to fix prices or to prevent bids, see section 441 of this title. Postmarking stamps, counterfeiting, see section 503 of this title. Robbery of mail matter, see section 2114 of this title. Venue of prosecution, see section 3237 of this title. § 1691. Laws governing postal savings. All the safeguards provided by law for the protection of public moneys, and all statutes relating to the embezzlement, conversion, improper handling, retention, use, or disposal of postal and money-order funds, false returns of postal and money-order business, forgery, counterfeiting, alteration, improper use or handling of postal and money-order blanks, forms, vouchers, accounts, and records, and the dies, plates, and engravings therefor, with the punishments provided for such offenses are extended and made applicable to postal savings depository business and funds and related matters. (June 25, 1948, ch. 645, § 1, 62 Stat. 776.) LEGISLATIVE HISTORY Reviser's Note.-Based on section 765 of title 39, U. S. C., 1940 ed., The Postal Service (June 25, 1910, ch. 386, § 15, 36 Stat. 818). Changes of phraseology were made without change of substance. § 1692. Foreign mail as United States mail. Every foreign mail, while being transported across the territory of the United States under authority of law, is mail of the United States, and any depredation thereon, or offense in respect thereto, shall be punishable as though it were United States mail. (June 25, 1948, ch. 645, § 1, 62 Stat. 776.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 359 (Mar. 4, 1909, ch. 321, § 229, 35 Stat. 1134). Minor changes were made in phraseology and obvious surplusage omitted. § 1693. Carriage of mail generally. Whoever, being concerned in carrying the mail, collects, receives, or carries any letter or packet, contrary to law, shall be fined not more than $50 or imprisoned not more than thirty days, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 776.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 303 (Mar. 4, 1909, ch. 321, § 180, 35 Stat. 1123). Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in section 2 of this title. Minor verbal changes were made. § 1694. Carriage of matter out of mail over post routes. Whoever, having charge or control of any conveyance operating by land, air, or water, which regularly performs trips at stated periods on any post route, or from one place to another between which the mail is regularly carried, carries, otherwise than in the mail, any letters or packets, except such as relate to some part of the cargo of such conveyance, or to the current business of the carrier, or to some article carried at the same time by the same conveyance, shall, except as otherwise provided by law, be fined not more than $50. (June 25, 1948, ch. 645, § 1, 62 Stat. 776.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 307 (Mar. 4, 1909, ch. 321, § 184, 35 Stat. 1124). Words "by land, air, or water" were substituted for "stagecoach, railway car, steamboat" with necessary minor changes in phraseology. Enumeration of persons having charge was omitted as unnecessary. § 1695. Carriage of matter out of mail on vessels. Whoever carries any letter or packet on board any vessel which carries the mail, otherwise than in such mail, shall, except as otherwise provided by law, be fined not more than $50 or imprisoned not more than thirty days, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 777.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 308 (Mar. 4, 1909, ch. 321, § 185, 35 Stat. 1124). The words "thirty days" were substituted for "one month," to make the term of imprisonment more definite and to conform to other comparable sections. (See section 1693 of this title.) Minor changes were made in phraseology. CROSS REFERENCES Carrying foreign letters on vessels, see section 496 of Title 39, The Postal Service. Mail carrying by vessels not in mail service, see section 494 of Title 39, The Postal Service. § 1696. Private express for letters and packets. (a) Whoever establishes any private express for the conveyance of letters or packets, or in any manner causes or provides for the conveyance of the same by regular trips or at stated periods over any post route which is or may be established by law, or from any city, town, or place to any other city, town, or place, between which the mail is regularly carried, shall be fined not more than $500 or imprisoned not more than six months, or both. This section shall not prohibit any person from receiving and delivering to the nearest post office, postal car, or other authorized depository for mail matter any mail matter properly stamped. (b) Whoever transmits by private express or other unlawful means, or delivers to any agent thereof, or deposits at any appointed place, for the purpose of being so transmitted any letter or packet, shall be fined not more than $50. (c) This chapter shall not prohibit the conveyance or transmission of letters or packets by private hands without compensation, or by special messenger employed for the particular occasion only. Whenever more than twenty-five such letters or packets are conveyed or transmitted by such special messenger, the requirements of section 500 of Title 39, shall be observed as to each piece. (June 25, 1948, ch. 645, § 1, 62 Stat. 777.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., §§ 304, 306, 309 (Mar. 4, 1909, ch. 321, §§ 181, 183, 186, 35 Stat. 1123, 1124; June 22, 1934, ch. 716, 48 Stat. 1207). Section consolidates sections 304, 306, and 309 of title 18, U. S. C., 1940 ed. Reference to persons causing, procuring, aiding or assisting was omitted as such persons are principals under section 2 of this title. Minor changes were made in phraseology. § 1697. Transportation of persons acting as private express. Whoever, having charge or control of any conveyance operating by land, air, or water, knowingly conveys or knowingly permits the conveyance of any person acting or employed as a private express for the conveyance of letters or packets, and actually in possession of the same for the purpose of conveying them contrary to law, shall be fined not more than $150. (June 25, 1948, ch. 645, § 1, 62 Stat. 777.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 305 (Mar. 4, 1909, ch. 321, § 182, 35 Stat. 1124). Same changes were made as in section 1694 of this title. § 1698. Prompt delivery of mail from vessel. Whoever, having charge or control of any vessel passing between ports or places in the United States, and arriving at any such port or place where there is a post office, fails to deliver to the postmaster or at the post office, within three hours after his arrival, if in the daytime, and if at night, within two hours after the next sunrise, all letters and packages brought by him or within his power or control and not relating to the cargo, addressed to or destined for such port or place, shall be fined not more than $150. For each letter or package so delivered he shall receive two cents unless the same is carried under contract. (June 25, 1948, ch. 645, § 1, 62 Stat. 777.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed § 323 (Mar. 4, 1909, ch. 321, § 200, 35 Stat. 1126). Changes were made in phraseology. § 1699. Certification of delivery from vessel. No vessel arriving within a port or collection district of the United States shall be allowed to make entry or break bulk until all letters on board are delivered to the nearest post office, except where waybilled for discharge at other ports in the United States at which the vessel is scheduled to call and the Postmaster General does not determine that unreasonable delay in the mails will occur, and the master or other person having charge or control thereof has signed and sworn to the following declaration before the collector or other proper customs officer: arriving I, A. B., master of the from and now lying in the port of do solemnly swear (or affirm) that I have to the best of my knowledge and belief delivered to the post office at every letter and every bag, packet, or parcel of letters on board the said vessel during her last voyage, or in my possession or under my power or control, except where waybilled for discharge at other ports in the United States at which the said vessel is scheduled to call and which the Postmaster General has not determined will be unreasonably delayed by remaining on board the said vessel for delivery at such ports. Whoever, being the master or other person having charge or control of such vessel, breaks bulk before he has arranged for such delivery or onward carriage shall be fined not more than $100. (June 25, 1948, ch. 645, § 1, 62 Stat. 777; July 3, 1952, ch. 553, 66 Stat. 325.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 327 (Mar. 4, 1909, ch. 321, § 204, 35 Stat. 1127). Minor changes were made in phraseology. AMENDMENTS 1952-Act July 3, 1952, amended section to provide for only the unloading of mail from a vessel as can be expedited by discharge at such port. § 1700. Desertion of mails. Whoever, having taken charge of any mail, voluntarily quits or deserts the same before he has delivered it into the post office at the termination of the route, or to some known mail carrier, messenger, agent, or other employee in the Postal Service authorized to receive the same, shall be fined not more than $500 or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 778.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 322 (Mar. 4, 1909, ch. 321, § 199, 35 Stat. 1126). Minor changes were made in phraseology. § 1701. Obstruction of mails generally. Whoever knowingly and willfully obstructs or retards the passage of the mail, or any carrier or conveyance carrying the mail, shall be fined not more than $100 or imprisoned not more than six months, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 778.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., §§ 324, 325 (Mar. 4, 1909, ch. 321, §§ 201, 202, 35 Stat. 1127). Sections 324 and 325 of title 18, U. S. C., 1940 ed., were consolidated with changes of phraseology necessary to effect consolidation. Words "carriage, horse, driver or", "car, steamboat", and "or vessel" were omitted as covered by "any carrier or conveyance". The punishment provision is derived from said section 324 rather than from section 325 which provided only a fine of not more than $100 and related only to ferrymen. § 1702. Obstruction of correspondence. Whoever takes any letter, postal card, or package out of any post office or any authorized depository for mail matter, or from any letter or mail carrier, or which has been in any post office or authorized depository, or in the custody of any letter or mail carrier, before it has been delivered to the person to whom it was directed, with design to obstruct the correspondence, or to pry into the business or secrets of another, or opens, secretes, embezzles, or destroys the same, shall be fined not more than $2,000 or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 778.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 317 (Mar. 4, 1909, ch. 321, § 194, 35 Stat. 1125; Feb. 25, 1925, ch. 318, 43 Stat. 977; Aug. 26, 1935, ch. 693, 49 Stat. 867; Aug. 7, 1939, ch. 557, 53 Stat. 1256). Section 317 of said title 18, U. S. C., 1940 ed., was incorporated in this and section 1708 of this title. Minor changes were made in phraseology. § 1703. Delay or destruction of mail or newspapers. (a) Whoever, being a postmaster or Postal Service employee, unlawfully detains, delays, or opens any letter, postal card, package, bag, or mail intrusted to him or which shall come into his possession, and which was intended to be conveyed by mail, or carried or delivered by any carrier or other employee of the Postal Service, or forwarded through or delivered from any post office or station thereof established by authority of the Postmaster General; or secretes, or destroys any such letter, postal card, package, bag, or mail, shall be fined not more than $500 or imprisoned not more than five years, or both. (b) Whoever, being a postmaster or Postal Service employee, improperly detains, delays, or destroys any newspaper, or permits any other person to detain, delay, or destroy the same, or opens, or permits any other person to open, any mail or package of newspapers not directed to the office where he is employed; or Whoever, without authority, opens, or destroys any mail or package of newspapers not directed to him, shall be fined not more than $100 or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 778; May 24, 1949, ch. 139, § 37, 63 Stat. 95.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., §§ 318, 319 (Mar. 4, 1909, ch. 321, §§ 195, 196, 35 Stat. 1125, 1126). Section consolidated sections 318 and 319 of said title 18, U. S. C., 1940 ed. The embezzlement and theft provisions of each were incorporated in sections 1709 and 1710 of this title. Minor changes were made in phraseology. AMENDMENTS 1949 Subsec. (a) amended by act May 24, 1949, § 37 (a), which inserted "secretes" in lieu of "secrets" following "Postmaster General". Subsec. (b) amended by act May 24, 1949, § 37 (b), which inserted "newspapers" in lieu of "newspaper". § 1704. Keys or locks stolen or reproduced. Whoever steals, purloins, embezzles, or obtains by false pretense any key suited to any lock adopted by the Post Office Department and in use on any of the mails or bags thereof, or any key to any lock box, lock drawer, or other authorized receptacle for the deposit or delivery of mail matter; or Whoever knowingly and unlawfully makes, forges, or counterfeits any such key, or possesses any such mail lock or key with the intent unlawfully or improperly to use, sell, or otherwise dispose of the same, or to cause the same to be unlawfully or improperly used, sold, or otherwise disposed of; or Whoever, being engaged as a contractor or otherwise in the manufacture of any such mail lock or key, delivers any finished or unfinished lock or the interior part thereof, or key, used or designed for use by the department, to any person not duly authorized under the hand of the Postmaster General and the seal of the Post Office Department, to receive the same, unless the person receiving it is the contractor for furnishing the same or engaged in the manufacture thereof in the manner authorized by the contract, or the agent of such manufacturer Shall be fined not more than $500 or imprisoned not more than ten years or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 778.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 314 (Mar. 4, 1909, ch. 321, § 191, 35 Stat. 1125). Reference to persons aiding, causing or assisting was omitted. Such persons are principals under section 2 of this title. Mandatory punishment provision was rephrased in the alternative. (See reviser's note under section 201 of this title.) Minor changes were made in phraseology. § 1705. Destruction of letter boxes or mail. Whoever willfully or maliciously injures, tears down or destroys any letter box or other receptacle intended or used for the receipt or delivery of mail on any mail route, or breaks open the same or willfully or maliciously injures, defaces or destroys any mail deposited therein, shall be fined not more than $1,000 or imprisoned not more than three years. (June 25, 1948, ch. 645, § 1, 62 Stat. 779; May 24, 1949, ch. 139, § 38, 63 Stat. 95.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 321 (Mar. 4, 1909, ch. 321, § 198, 35 Stat. 1126; May 18, 1916, ch. 126, § 10, 39 Stat. 162; July 28, 1916, ch. 261, § 1, 39 Stat. 418; May 7, 1934, ch. 220, § 1, 48 Stat. 667). Words "or shall willfully take or steal such mail from or out of such letter box or other receptacle" were omitted as covered by section 1702 of this title. Prosecutions for theft of mail matter are invariably made under that section whereas this section is used as basis for prosecutions for malicious mischief to mail boxes or receptacles. By Postal Regulations (1928), section 700, paragraph 2, an ordinary letter box is within this section and also section 1702 of this title. Huebner v. United States (C. C. A. 1928, 28 F. 2d 929). Reference to persons assisting or aiding was omitted. Such persons are principals under definitive section 2 of this title. Minor changes were made in phraseology. AMENDMENTS 1949-Act May 24, 1949 amended section by omitting reference to a "conveyance" which was not in the original statute. § 1706. Injury to mail bags. Whoever tears, cuts, or otherwise injures any mail bag, pouch, or other thing used or designed for use in the conveyance of the mail, or draws or breaks any staple or loosens any part of any lock, chain, or strap attached thereto, with intent to rob or steal any such mail or to render the same insecure, shall be fined not more than $1,000 or imprisoned not more than three years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 779.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 312 (Mar. 4, 1909, ch. 321, § 189, 35 Stat. 1124). A fine of "$1,000" was substituted for "$500" thus increasing the maximum to correspond with other comparable sections. (See section 1705 of this title.) Minor verbal changes were made. § 1707. Theft of property used by postal service. Whoever steals, purloins, or embezzles any property used by the Post Office Department, or appropriates any such property to his own or any other than its proper use, or conveys away any such prop erty to the hindrance or detriment of the public service, shall be fined not more than $1,000 or imprisoned not more than three years, or both; but if the value of such property does not exceed $100, he shall be fined not more than $500 or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 1, 62 Stat. 779.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 313 (Mar. 4, 1909, ch. 321, § 190, 35 Stat. 1124). The phrase "used by" was substituted for “in use by or belonging to" in order to limit the application of the section to property used by the Post Office Department. Theft of public property belonging to governmental departments is covered by section 641 of this title. A fine of "$1,000" was substituted for "$200," thus increasing the maximum to conform with other comparable sections. (See section 1705 of this title.) The smaller penalty for an offense involving property valued at $100 or less was added. (See reviser's notes under sections 641 and 645 of this title.) Minor changes in phraseology were made. § 1708. Theft or receipt of stolen mail matter generally. Whoever steals, takes, or abstracts, or by fraud or deception obtains, or attempts so to obtain, from or out of any mail, post office, or station thereof, letter box, mail receptacle, or any mail route or other authorized depository for mail matter, or from a letter or mail carrier, any letter, postal card, package, bag, or mail, or abstracts or removes from any such letter, package, bag, or mail, any article or thing contained therein, or secretes, embezzles, or destroys any such letter, postal card, package, bag, or mail, or any article or thing contained therein; or Whoever steals, takes, or abstracts, or by fraud or deception obtains any letter, postal card, package, bag, or mail, or any article or thing contained therein which has been left for collection upon or adjacent to a collection box or other authorized depository of mail matter; or Whoever buys, receives, or conceals, or unlawfully has in his possession, any letter, postal card, package, bag, or mail, or any article or thing contained therein, which has been so stolen, taken, embezzled, or abstracted, as herein described, knowing the same to have been stolen, taken, embezzled, or abstracted Shall be fined not more than $2,000 or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 779; May 24, 1949, ch. 139, § 39, 63 Stat. 95; July 1, 1952, ch. 535, 66 Stat. 314.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., §§ 317, 321 (Mar. 4, 1909, ch. 321, §§ 194, 198, 35 Stat. 1125, 1126; May 18, 1916, ch. 126, § 10, 39 Stat. 162; July 28, 1916, ch. 261, § 1, 39 Stat. 418; Feb. 25, 1925, ch. 318, 43 Stat. 977; May 7, 1934, ch. 220, § 1, 48 Stat. 667; Aug. 26, 1935, ch. 693, 49 Stat. 867; Aug. 7, 1939, ch. 557, 53 Stat. 1256). Each of these two sections has been divided. Provisions relating to theft or larceny of mail were placed in this section. Words "letter box, mail receptacle, or any mail route" are from section 321 of title 18, U. S. C., 1940 ed. Such receptacles are authorized depositaries. (See Rosen v. United States, N. Y. 1917, 38 S. Ct. 148, 245 U. S. 467, 62 L. Ed. 406, and Foster v. Biddle, C. C. A. Kan. 1926, 14 F. 2d 280, involving indictment under section 317 of title 18, U. S. C., 1940 ed.) No cases are reported of prose cutions for mail theft under section 321 of title 18, U. S. C., 1940 ed., which relates primarily to malicious mischief respecting letter boxes. Language omitted from section 317 of title 18, U. S. C., 1940 ed., and all of section 321 of title 18, U. S. C., 1940 ed., except that above quoted, was incorporated in sections 1702 and 1705 of this title. Words "or aids in buying, receiving, or concealing" were omitted as unnecessary in view of the definition of principal in section 2 of this title. The smaller penalty for an offense involving $100 or less was added. (See sections 641 and 645 of this title.) Minor changes were made in phraseology. AMENDMENTS 1952-Act July 1, 1952, amended section to make any thefts or receipt of stolen mail a felony regardless of the monetary value of the thing stolen. 1949-Act May 24, 1949, amended section by inserting “buys" in lieu of "buy" in the third par. CROSS REFERENCES Larceny from mail, see section 2114 of this title. § 1709. Theft of mail matter by postmaster or employee. Whoever, being a postmaster or Postal Service employee, embezzles any letter, postal card, package, bag, or mail or any article or thing contained therein intrusted to him or which comes into his possession intended to be conveyed by mail, or carried or delivered by any carrier, messenger, agent, or other person employed in any department of the Postal Service, or forwarded through or delivered from any post office or station thereof established by authority of the Postmaster General; or steals, abstracts, or removes from any such letter, package, bag, or mail, any article or thing contained therein, shall be fined not more than $2,000 or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 780.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 318 (Mar. 4, 1909, ch. 321, § 195, 35 Stat. 1125). The provisions of said section 318 of title 18, U. S. C., 1940 ed., were incorporated in this section and section 1703 of this title. The fine of "$500" was increased to "$2,000" as more proportionate to the imprisonment provision and to conform with other comparable sections. (See sections 1702 and 1708 of this title.) Changes were made in phraseology. § 1710. Theft of newspapers. Whoever, being a postmaster or Postal Service employee, takes or steals any newspaper or package of newspapers from any post office or from any person having custody thereof, shall be fined not more than $100 or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 780.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., 319 (Mar. 4, 1909, ch. 321, § 196, 35 Stat. 1126). Theft provisions alone are retained in this section. Those relating to other offenses were incorporated in section 1703 of this title. Words "mail or" following "steals any" were omitted as covered by section 1709 of this title. Changes were made in phraseology. §1711. Misappropriation of postal funds. Whoever, being a postmaster or Postal Service employee, loans, uses, pledges, hypothecates, or converts 24626-53-vol. 2—55 to his own use, or deposits in any bank, or exchanges for other funds or property, except as authorized by law, any money or property coming into his hands or under his control in any manner, in the execution or under color of his office, employment, or service, whether or not the same shall be the money or property of the United States; or fails or refuses to remit to or deposit in the Treasury of the United States or in a designated depository, or to account for or turn over to the proper officer or agent, any such money or property, when required to do so by law or the regulations of the Post Office Department, or upon demand or order of the Postmaster General, either directly or through a duly authorized officer or agent, is guilty of embezzlement; and every such person, as well as every other person advising or knowingly participating therein, shall be fined in a sum equal to the amount or value of the money or property embezzled or imprisoned not more than ten years, or both; but if the amount or value thereof does not exceed $100, he shall be fined not more than $1,000 or imprisoned not more than one year, or both. This section shall not prohibit any postmaster from depositing, under the direction of the Postmaster General, in a national bank designated by the Secretary of the Treasury for that purpose, to his own credit as postmaster, any funds in his charge, nor prevent his negotiating drafts or other evidences of debt through such bank, or through United States disbursing officers, or otherwise, when instructed or required so to do by the Postmaster General, for the purpose of remitting surplus funds from one post office to another. (June 25, 1948, ch. 645, § 1, 62 Stat. 780.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 355 (Mar. 4, 1909, ch. 321, § 225, 35 Stat. 1133; June 10, 1921, ch. 18, § 304, 42 Stat. 24). Said section 355 was divided into two sections, this section and section 3498 of this title. The smaller punishment for an offense involving $100 or less was added. (See reviser's notes under sections 641 and 645 of this title.) Changes of phraseology only were made. § 1712. Falsification of postal returns to increase compensation. Whoever, being a postmaster or Postal Service employee, makes a false return, statement, or account to any officer of the United States, or makes a false entry in any record, book, or account, required by law or the rules or regulations of the Post Office Department to be kept in respect of the business or operations of any post office or other branch of the Postal Service, for the purpose of fraudulently increasing his compensation or the compensation of the postmaster or any employee in a post office; or Whoever, being a postmaster or employee in any post office or station thereof, for the purpose of increasing the emoluments or compensation of his office, induces, or attempts to induce, any person to deposit mail matter in, or forward in any manner for mailing at, the office where such postmaster or other person is employed, knowing such matter to be properly mailable at another post office |