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Federal- Theft of Government Money or Property

Statute
18 USC 641. Public money, property or records

Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof; or

Whoever receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted—

Shall be fined under this title or imprisoned not more than ten years, or both; but if the value of such property in the aggregate, combining amounts from all the counts for which the defendant is convicted in a single case, does not exceed the sum of $1,000, he shall be fined under this title or imprisoned not more than one year, or both.

The word “value” means face, par, or market value, or cost price, either wholesale or retail, whichever is greater.

Jury Instruction

The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:
  1. That the money or property described in the indictment belonged to the United States;
  2. That the Defendant embezzled, stole, or converted such money or property to his own use or to the use of another;
  3. That the Defendant did so knowingly and willfully with intent to deprive the owner of the use or benefit of the money or property so taken; and
  4. That the money or property had a value in excess of $1000.

It is not necessary to prove that the Defendant knew that the Government owned the property at the time of the wrongful taking so long as it is established, beyond a reasonable doubt, that the Government did in fact own the money or property involved, that the Defendant knowingly and willfully embezzled, stole or converted it, and that it had a value in excess of $1000.

To “embezzle” means the wrongful or willful taking of money or property of someone else after the money or property has lawfully come within the possession or control of the person taking it.

To “steal” or “convert” means the wrongful or willful taking of money or property belonging to someone else with the intent to deprive the owner of its use or benefit either temporarily or permanently. No particular type of movement or carrying away is required to constitute a “taking,” as that word is used in these instructions.

Any appreciable change in the location of the property with the necessary willful intent constitutes a taking whether or not there is any actual removal of it from the owner’s premises.