Theft Of Government Property Prosecutions
1. Overview
Theft of government property refers to the illegal taking, conversion, or appropriation of property owned by the government with the intent to permanently deprive the government of its use or benefit. This can include physical items like equipment, vehicles, or supplies, as well as intangible property such as funds or intellectual property.
This offense is a federal crime under 18 U.S.C. § 641, which criminalizes theft or conversion of government property or money. Penalties can range from fines to imprisonment depending on the value of stolen property and circumstances.
2. Key Elements of the Crime
To convict under 18 U.S.C. § 641, the prosecution must prove:
The defendant took or converted property,
The property belonged to the United States government,
The defendant acted knowingly and willfully,
The defendant intended to deprive the government of the property.
3. Important Case Law Examples
Case 1: United States v. James C. Williams (2011)
Facts:
Williams, a government employee, was found stealing government office supplies and electronics from a federal agency over several months, selling them for personal gain.
Charges:
Theft of government property under 18 U.S.C. § 641.
Outcome:
Convicted and sentenced to 12 months in prison plus restitution.
Significance:
Demonstrates that even small-scale thefts of government supplies can result in criminal prosecution.
Case 2: United States v. Karen L. Davis (2013)
Facts:
Davis was charged with stealing over $250,000 in government funds from a federal grant by submitting false invoices and diverting funds to personal accounts.
Charges:
Theft of government property,
Wire fraud.
Outcome:
Convicted; sentenced to 5 years in prison and ordered to pay full restitution.
Significance:
Shows that theft of government funds via fraudulent means is aggressively prosecuted under theft and fraud statutes.
Case 3: United States v. Robert J. Miller (2015)
Facts:
Miller, a military contractor, misappropriated government equipment valued at over $1 million by falsifying inventory records and selling the equipment on the black market.
Charges:
Theft of government property,
Conspiracy.
Outcome:
Convicted and sentenced to 7 years imprisonment.
Significance:
Highlights large-scale theft involving government contractors and complex schemes.
Case 4: United States v. Angela Martinez (2017)
Facts:
Martinez was an employee at a federal healthcare facility who stole medical supplies and equipment to resell them privately.
Charges:
Theft of government property.
Outcome:
Pled guilty; received 18 months probation and ordered restitution.
Significance:
Shows prosecution of theft from federal healthcare agencies with a plea agreement.
Case 5: United States v. Thomas R. Jenkins (2019)
Facts:
Jenkins was convicted of stealing government vehicles and selling them for profit, involving conspiracy with others.
Charges:
Theft of government property,
Conspiracy to commit theft.
Outcome:
Convicted and sentenced to 4 years imprisonment.
Significance:
Example of theft involving government vehicles and organized conspiracy.
Case 6: United States v. Sandra L. Green (2020)
Facts:
Green forged documents to claim government property as surplus, then sold or kept the items for personal use.
Charges:
Theft of government property,
False statements.
Outcome:
Convicted; sentenced to 2 years imprisonment.
Significance:
Demonstrates use of forgery and false statements in conjunction with theft prosecutions.
4. Summary Table
| Case | Jurisdiction | Charges | Outcome | Significance |
|---|---|---|---|---|
| U.S. v. James C. Williams (2011) | Federal | Theft of government property | Convicted, prison, restitution | Theft of office supplies & electronics |
| U.S. v. Karen L. Davis (2013) | Federal | Theft, wire fraud | Convicted, prison, restitution | Theft of government grant funds |
| U.S. v. Robert J. Miller (2015) | Federal | Theft, conspiracy | Convicted, 7 years prison | Large-scale contractor equipment theft |
| U.S. v. Angela Martinez (2017) | Federal | Theft of government property | Guilty plea, probation | Medical supplies theft from federal hospital |
| U.S. v. Thomas R. Jenkins (2019) | Federal | Theft, conspiracy | Convicted, 4 years prison | Theft of government vehicles |
| U.S. v. Sandra L. Green (2020) | Federal | Theft, false statements | Convicted, 2 years prison | Forgery and false claims for surplus property |
5. Legal Takeaways
Theft of government property is taken very seriously and prosecuted at federal levels.
Offenses vary widely from small-scale theft of office supplies to large schemes involving millions.
Penalties include imprisonment, fines, and restitution.
Often associated crimes include fraud, conspiracy, forgery, and false statements.
Government contractors and employees are frequent defendants due to their access to government property.
Intent and knowledge are critical components for conviction.
6. Conclusion
Theft of government property cases highlight the importance of protecting public resources and ensuring accountability. These prosecutions involve a wide range of defendants, from government workers stealing supplies to contractors engaged in massive fraud schemes. Courts impose significant penalties to deter such crimes and recover government losses.
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