DIVERSION OF PUBLIC FISC ASSETS

Reference: 31 USC §§ 3302(b), 3501, and 3502

Title 31, Subtitle III, Chapter 33, Subchapter I, Money And Finance, Financial Management, Depositing, Keeping, And Paying Money Deposits And Depositaries.

Custodians of money:

"...an official or agent of the Government receiving money for the Government from any source shall deposit the money in the Treasury..." 31 U.S.C. § 3302(b)

"...An official or agent not complying with subsection (b) of this section may be removed from office..." 31 U.S.C. § 3302(b)

Title 31, Subtitle III, Chapter 35, Subchapter IV, Money And Finance - Financial Management Accounting and Collection

Distress warrants:

"...When an official receiving public money before it is paid to the Treasury... does not... pay the money as prescribed by law, the Comptroller General shall make the account for the official and certify to the Secretary of the Treasury the amount due the Government..." 31 USC § 3541(a)

"...The Secretary shall issue a distress warrant against the official stating the amount due from the official and any amount paid. The warrant shall be directed to the marshal of the district in which the official resides..." 31 USC § 3541(b)

Carrying out distress warrants:

"...A marshal... shall seize the personal property of the official and sell the property... If the property does not satisfy the amount due under the warrant, the official may be sent to prison..." 31 U.S.C. § 3542(a)

"...The amount due... is a lien on the real property of the official..." 31 U.S.C. § 3542(b)(1)

"...If the personal property of the official is not enough to satisfy a distress warrant, the marshal shall sell real property of the official... A buyer of the real property has valid title against all persons claiming under the official..." 31 U.S.C. § 3542(b)(2)

42 USCS §1983 - United States Code, Title 42 - The Public Health and Welfare, Chapter 21 - Civil Rights, Subchapter I - Generally, Section 1983. Civil action for deprivation of rights: "Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia."