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8.39 Theft of Government Money or Property (18 U.S.C. Sec. 641)

8.39 Theft of Government Money or Property (18 U.S.C. Sec. 641)

Name: 8.39 Theft of Government Money or Property (18 U.S.C. Sec. 641)
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Federal - Jury Instructions - 9th Circuit - Criminal

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Multi-State

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US-JURY-9THCIR-8-39-CR

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 8.39 Theft of Government Money or Property (18 U.S.C. Sec. 641) is a federal crime that prohibits any person from knowingly and willfully converting, stealing, embezzling, or misapplying money or property of the United States or any department or agency thereof. This includes the theft of any money, funds, credits, securities, checks, or other property belonging to the government. The types of 8.39 Theft of Government Money or Property (18 U.S.C. Sec. 641) are: (1) theft of government funds, (2) embezzlement of government funds, (3) misapplication of government funds, and (4) conversion of government funds.

8.39 Theft of Government Money or Property (18 U.S.C. Sec. 641) is a federal crime that prohibits any person from knowingly and willfully converting, stealing, embezzling, or misapplying money or property of the United States or any department or agency thereof. This includes the theft of any money, funds, credits, securities, checks, or other property belonging to the government. The types of 8.39 Theft of Government Money or Property (18 U.S.C. Sec. 641) are: (1) theft of government funds, (2) embezzlement of government funds, (3) misapplication of government funds, and (4) conversion of government funds.

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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

§ 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.

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.

18 U.S. Code § 648 - Custodians, generally, misusing public funds.

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.

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.

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. Read this complete 18 U.S.C. § 641 - U.S. Code - Unannotated Title 18. Crimes and Criminal Procedure § 641. Section. Section 1343 (Wire Fraud); 18 U.S.C. Section. Controls, and adequate monetary property accounting records.

8.39 Theft of Government Money or Property (18 U.S.C. Sec. 641)

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