18 U.S.C. Sec. 641 is a criminal law that prohibits the theft of government property. It includes any illegal taking, conversion, or misuse of public funds, goods, services, information, records, or other property belonging to the United States government. This law applies to any person, regardless of their occupation. There are three main categories of 18 U.S.C. Sec. 641 Theft of Government Property: embezzlement, theft by deception, and theft of government funds or property. Embezzlement involves the conversion of government money or property by an employee of the US government for their own personal gain. Theft by deception involves fraud and deceit used to obtain government property or funds. Theft of government funds or property involves the taking of funds or property without the knowledge or consent of the US government. The penalties for violating 18 U.S.C. Sec. 641 Theft of Government Property depend on the value of the stolen property. If the value is more than $1,000, the offender can face up to 10 years in prison and/or a fine of up to $250,000. If the value is less than $1,000, the offender can face up to one year in prison and/or a fine of up to $100,000.
18 U.S.C. Sec. 641 THEFT OF GOVERNMENT PROPERTY
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§ 641 makes it a crime to steal, embezzle, or knowing convert with intent for your own personal gain the property, or to sell, convey, or dispose of any record, voucher, money, or something of value issued by a department of the United States government.
18 USC 641: Understanding the Components of & Penalties for a Federal Embezzlement Sentence. Embezzlement under U.S. federal law is a white collar crime that involves the theft of money, property, or other things of value.
The provisions for fine of not more than $1,000 or imprisonment of not more than 1 year for an offense involving $100 or less and for fine of not more than $10,000 or imprisonment of not more than 10 years, or both, for an offense involving a greater amount were written into this section as more in conformity with the
Title 18, United States Code § 2 now provides: (a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.
This restriction and reservation of rights was significant because the statute of conviction, 18 U.S.C. § 641, carries a five year statute of limitations and the government filed charges about four-and-a-half years after the final monthly VA payment was made.
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."
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.