FEDERAL · 18 U.S.C. · Chapter 223
Account as evidence of embezzlement
18 U.S.C. § 3497
Title18 — Crimes and Criminal Procedure
Chapter223 — WITNESSES AND EVIDENCE
This text of 18 U.S.C. § 3497 (Account as evidence of embezzlement) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
18 U.S.C. § 3497.
Text
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.
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Source Credit
History
(June 25, 1948, ch. 645, 62 Stat. 836; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)
Editorial Notes
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.)
Editorial Notes
Amendments
2004—Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office".
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.)
Editorial Notes
Amendments
2004—Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office".
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Bluebook (online)
18 U.S.C. § 3497, Counsel Stack Legal Research, https://law.counselstack.com/usc/18/3497.