Maine Theft of Government Money or Property, 18 U.S.C. Sec. 641

State:
Maine
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ME-FEDDC-JURY-4-18-641
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Official Pattern Jury Instructions for Criminal Cases in Federal District Court of Maine. All converted to Word format. Please see the official site for addional information. http://www.med.uscourts.gov/pattern-jury-instructions

Maine Theft of Government Money or Property, 18 U.S.C. Sec. 641, is a federal law that prohibits the unlawful taking, conversion, or misuse of money or property owned by the United States government. This law applies to all forms of theft, including embezzlement, misappropriation, and larceny. The law is enforced by federal prosecutors, and it carries both civil and criminal penalties. The types of Maine Theft of Government Money or Property, 18 U.S.C. Sec. 641, are: • Embezzlement: The wrongful taking of government property or money by a person who was entrusted with the property or money. • Misappropriation: The intentional or negligent taking of government property or money for one's own use or the use of another. • Larceny: The unlawful taking of government property or money without the owner's knowledge or consent.

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FAQ

Section 641 protects "any record, voucher, money, or thing of value of the United States or any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof."

Misprision of felony is a crime committed when a person knows that someone has been involved in a felony but fails to report it to law enforcement authorities. The crime of misprision of felony originated in the common law of Great Britain. In the U.S., however, it has never been adopted as a crime by most states.

Whoever, being an officer, employee or agent of the United States or of any department or agency thereof, having received public money which he is not authorized to retain as salary, pay, or emolument, fails to render his accounts for the same as provided by law is guilty of embezzlement, and shall be fined under this

But Section 641 also states that, if the value of the stolen property is $1000 or less, that person shall be fined and imprisoned for no longer than 1 year. The $1000 threshold, therefore, is necessary to make a Section 641 offense into a felony; smaller theft from the government is only a misdemeanor.

Penalties for 18 U.S.C. A violation of Section 641 subjects the defendant to a potential maximum of 10 years in federal prison and a fine, though if the property is valued at less than $1,000, the maximum term of imprisonment decreases to one year plus a fine.

Examples are thefts of bicycles, thefts of motor vehicle parts and accessories, shoplifting, pocket-picking, or the stealing of any property or article that is not taken by force and violence or by fraud. Attempted larcenies are included. Embezzlement, confidence games, forgery, check fraud, etc., are excluded.

Section 641 protects "any record, voucher, money, or thing of value of the United States or any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof."

Whoever robs or attempts to rob another of any kind or description of personal property belonging to the United States, shall be imprisoned not more than fifteen years.

More info

18 U.S. Code § 641 - Public money, property or records. CHAPTER 31—EMBEZZLEMENT AND THEFT. Sec. 641.Public money, property or records. 641 - Public money, property or records. View the most recent version of this document on this website. 18 U.S.C. § 641 - U.S. Code - Unannotated Title 18. Crimes and Criminal Procedure § 641. Ligon, 440 F.3d 1182 (9th Cir. Section 641. United States Government.

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Maine Theft of Government Money or Property, 18 U.S.C. Sec. 641