§ 3497. Account as evidence of embezzlement

283 words·~1 min read·/usc/title-18/section-3497

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Upon the trial of any indictment against any person for embezzling public money it shall be sufficient evidence, prima facie, for the purpose of showing a balance against such person, to produce a transcript from the books and proceedings of the Government Accountability Office.

(June 25, 1948, ch. 645, 62 Stat. 836; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§ 179, 355; section 668 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (R.S. § 887; Mar. 4, 1909, ch. 321, §§ 93, 225, 35 Stat. 1105, 1133; June 10, 1921, ch. 18, § 304, 42 Stat. 24).

This section is a consolidation of section 179 of title 18, U.S.C., 1940 ed., with similar provisions of section 355 of title 18, U.S.C., 1940 ed., and section 668 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary, with changes of phraseology only except that “General Accounting Office” was substituted for “Treasury Department”.

Other provisions of said section 355 of title 18, U.S.C., 1940 ed., are incorporated in section 1711 of this title.

Words in second sentence of said section 355 of title 18, U.S.C., 1940 ed., which preceded the semicolon therein and which read “Any failure to produce or to pay over any such money or property, when required so to do as above provided, shall be taken to be prima facie evidence of such embezzlement” were omitted as surplusage, because such failure to produce or to pay over such money or property constitutes embezzlement. (See sections 653 and 1711 of this title.)

Connectionstraces to 1

Traces to 1 document

U.S. Code

Misappropriation of postal funds
§ 1711

12 references not yet in our index

June 25, 1948, ch. 645
62 Stat. 836
Pub. L. 108–271, § 8(b)
118 Stat. 814
section 668 of title 28
Mar. 4, 1909, ch. 321
35 Stat. 1105
June 10, 1921, ch. 18, § 304
42 Stat. 24
section 179 of title 18
section 355 of title 18
Pub. L. 108–271

Citation graph

cites case law

§ 3497

Account as evidence of embezzlement

U.S.C.§ 1711

ActJune 25, 1948, ch. 645

Stat.62 Stat. 836

Pub. L.Pub. L. 108–271, § 8(b)

Stat.118 Stat. 814

Citesection 668 of title 28

Cites 13 · showing 6Cited by 0 across 0 sources