3927 - 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).