What is the Federal Crime of Theft of Government Property?
The U.S. government, via its various departments and agencies, employs many people and holds significant valuable property.
If someone embezzles or steals this property, they could face federal charges under Title 18, Section 641 of the United States Code, for theft of government property.
Stealing from the U.S. government can result in severe penalties. Usually, the severity of the punishment depends on the value of the stolen property if the defendant is found guilty.
Under 18 U.S.C. § 641, it is a crime to steal, embezzle, or intentionally convert property for personal gain. It also prohibits selling, transferring, or disposing of records, vouchers, money, or items of value issued by any U.S. government department.
It should be noted that receiving, concealing, or keeping anything of value, knowing it was stolen or embezzled, is also a crime.
Our federal criminal defense lawyers are offering an overview below to help readers better understand the federal crime of theft of government property.
Related Embezzlement Charges
Theft of government property and embezzlement are considered serious offenses under federal law. In many federal cases, a defendant may be charged with multiple counts of theft or embezzlement.
Anyone under investigation or facing a federal grand jury indictment for 18 U.S.C. § 641 theft of government property should consult an experienced attorney promptly. Early legal advice can be crucial for building an effective defense and protecting your rights.
What Is the Content of Section 641?
Title 18, Section 641 of the United States Code defines theft of government property as "Anyone who embezzles, steals, purloins, or knowingly converts to their use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or something of value of the United States or of any department or agency, or any property made under contract for the Government will be fined or imprisoned."
Embezzlement involves illegally taking property that has been entrusted to someone. Typically, federal employees have the most access to government property.
A typical case under 18 U.S.C. § 641 involves a government employee, entrusted with access and trust, who embezzles government property. Embezzlement differs from larceny or other types of theft because the initial taking of property is often lawful.
In an employment context, this could imply that the federal employee was originally allowed to take possession of the government property involved.
What Factors Must Be Proven to Convict?
To establish embezzlement under 18 U.S.C. § 641, the employee must misappropriate the property by converting or using it for their personal benefit with the intent to deprive the United States of its use.
This ranges from simply using a government-issued vehicle or device for personal purposes to more complex cases, such as using government computer systems or other technology for private business activities.
It is important to note that seeking to return or reimburse the government for the property does not constitute a defense under 18 U.S.C. § 641 if the charge is embezzlement.
The offense is considered complete immediately upon misappropriation of government property, regardless of whether the government ultimately incurs any financial loss.
What is the Crime of Larceny?
Larceny, commonly understood as the traditional form of theft, also qualifies as a violation under 18 U.S.C. § 641. This type of prosecution can be initiated against government employees, as in embezzlement cases, or against any other person.
Larceny of government property occurs when someone takes the government's property without permission with the intent to deprive it of the property permanently.
Unlike embezzlement under 18 U.S.C. § 641, larceny specifically requires the defendant to intend to deprive the government of the property permanently.
A defense may exist if the defendant proves their intent to return the property. 18 U.S.C. § 641 is deliberately written broadly to cover nearly all wrongful acts that deprive the government of some or all of its property's value.
As discussed, both the common law notions of embezzlement and larceny are included in 18 U.S.C. § 641.
Moreover, "knowing conversion" of government property can lead to prosecution under this statute. This law encompasses nearly all deliberate wrongful uses of government property that are not addressed by other legal provisions.
What are the Federal Penalties If Convicted?
A violation of Section 641 can lead to a maximum of 10 years in federal prison and a fine. However, if the property valued is under $1,000, the maximum imprisonment drops to one year plus a fine.
In practice, sentencing under 18 U.S.C. § 641 involves considering the advisory United States Sentencing Guidelines along with the factors specified in Section 3553(a) or Title 18 of the U.S. Code.
A federal district court judge will consider both sources of authority and exercise discretion to craft a sentence that is sufficient but not excessive to achieve the sentencing goals, including punishment, deterrence, rehabilitation, and respect for the law.
How Can You Contest the Allegations?
Defenses to an allegation under 18 U.S.C. § 641 vary depending on the specific type of allegation. In employment cases, the defendant may claim they were not truly stealing government property but were acting within their scope of employment.
In the context of larceny, the individual might argue that they intended to return the government property. The most effective defense will vary depending on the specific case.
A defense against theft of government property is that there's no evidence of intent. Prosecutors must show the defendant's "specific intent" to commit the crime. If evidence doesn't prove "intent" or suggests the behavior was accidental and in good faith, charges under 18 U.S.C. § 641 are unwarranted.
Our defense lawyers may also argue that there is insufficient evidence to secure a conviction. Federal prosecutors are required to prove every element of the alleged crime beyond a reasonable doubt. Illegal searches and seizures may violate the defendant's Fourth Amendment Rights.
Our expert federal criminal defense lawyers are ready to protect your rights and seek the best outcome. Eisner Gorin LLP is a renowned criminal law firm serving clients nationwide on federal offenses. Contact us for a case review.
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