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Theft by Failure to Make Required Disposition of Funds Received

§ 3927.  Theft by failure to make required disposition of funds received.

(a)  Offense defined.--A person who obtains property upon agreement, or subject to a known legal obligation, to make specified payments or other disposition, whether from such property or its proceeds or from his own property to be reserved in equivalent amount, is guilty of theft if he intentionally deals with the property obtained as his own and fails to make the required payment or disposition. The foregoing applies notwithstanding that it may be impossible to identify particular property as belonging to the victim at the time of the failure of the actor to make the required payment or disposition.

(b)  Presumptions.--An officer or employee of the government or of a financial institution is presumed:

(1)  to know any legal obligation relevant to his criminal liability under this section; and

(2)  to have dealt with the property as his own if he fails to pay or account upon lawful demand, or if an audit reveals a shortage or falsification of accounts.

 

Cross References.  Section 3927 is referred to in section 5708 of this title; section 5552 of Title 42 (Judiciary and Judicial Procedure).