James K. Minick

James K. Minick

Stealing or embezzling from the Federal government is a crime punishable under 18 U.S.C. § 641. Theft or embezzlement is quite serious as it potentially carries a maximum sentence of ten years along with a hefty fine. Generally, this crime is charged when an employee of the Federal government decides to steal or embezzle Federal property. In Asheville, this crime could be charged anywhere there is Federal property that can be stolen or embezzled. Some examples locally are: the Blue Ridge Parkway, Pisgah National Forest, or the Federal Courthouse.

In order to obtain a conviction on the Federal charge of theft or embezzlement, the prosecutor must prove each element beyond a reasonable doubt. If convicted, an individual will also have to serve time in a Federal prison as opposed to a state prison.

Elements

A person is guilty if they:

  1. Embezzle, steal, purloin, or knowingly covert
  2. For their own use or the use of another
  3. Or without authority
  4. Sell, convey, or dispose of any
    1. Record;
    2. Voucher;
    3. Money;
    4. Or thing of value of the United State or any department or agency;
    5. Or any property made or being made under contract for the United States or any department or agency;

A person is guilty if they

  1. Receive, conceal, or retain the same
  2. With intent to convert
  3. For their own use
  4. Knowing it to have been:
    1. Embezzled;
    2. Stolen;
    3. Purloined;
    4. Or converted;

Punishment

Under 18 U.S.C. § 641, a person shall be fined 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.

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