18 U.S.C. § 641 – Theft of government property

18 U.S.C. § 641 – Theft of Government Property

Theft of government property is a serious crime that can result in fines and imprisonment. 18 U.S.C. § 641 makes it illegal to steal, embezzle, or knowingly convert for personal use any government property, record, money, or thing of value.

This law applies to theft of property belonging to the U.S. government or any department or agency. It also applies to theft of property from government contractors and public universities that receive federal funding. So this covers a wide range of potential targets for theft.

What Does the Law Say?

The exact text of 18 U.S.C. § 641 states:

Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof; or

Whoever receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted—Shall be fined under this title 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.

So in plain English, this law makes it illegal to:

• Steal, embezzle, or knowingly convert U.S. government property for personal use
• Sell, convey, or dispose of U.S. government property without authority
• Receive, conceal, or retain U.S. government property knowing it was stolen

The penalties are up to 10 years in prison and/or fines if the value of the property exceeds $1,000. If the value is $1,000 or less, the penalties are up to 1 year in prison and/or fines.

What Counts as Government Property?

The law covers theft of both tangible and intangible government property. This includes physical items like equipment, cash, records, and supplies. It also includes intangible property like trade secrets, confidential information, and computer data or software.

Some examples of government property covered by 18 U.S.C. § 641 include:

• Money, stamps, or official checks belonging to the government
• Supplies, inventory, or equipment used by government agencies
• Classified documents or confidential information
• Data, software, or intellectual property developed by the government
• Benefits payments, such as Social Security or food stamps
• Historical artifacts or records held in National Archives facilities

The law also applies to theft from government contractors or public universities receiving federal funding. So stealing property or data from these institutions that is connected to government contracts or grants would violate 18 U.S.C. § 641.

Proving Violations of 18 U.S.C. § 641

To convict someone of violating 18 U.S.C. § 641, prosecutors must prove the following elements beyond a reasonable doubt:

1. The defendant stole, embezzled, converted, sold, conveyed, or disposed of U.S. government property, records, or things of value
2. The defendant did so knowingly and willfully, not by accident or mistake
3. The defendant intended to deprive the government of the use or benefit of the property either temporarily or permanently
4. The property belonged to the U.S. government, a government agency, or a government contractor or funded entity
5. The value of the stolen property exceeded $1,000 (for felony charges)

The key issues are usually proving the intent to steal or convert the property, establishing the value, and showing the property belonged to the government. Documenting the chain of custody and proving the property was within the care and control of the government at the time of theft is also important.

Defenses to 18 U.S.C. § 641 Charges

There are several possible defenses if charged with violating 18 U.S.C. § 641:

• No criminal intent – Argue you did not act “knowingly” or “willfully” but made an honest mistake.
• Authorization – Claim you had permission or legal authority for your actions.
• Return of property – If you returned or paid back what was taken, it may show lack of criminal intent.
• Property value – Challenge the government’s valuation if it seems excessive.
• Lack of ownership – Argue the property did not actually belong to the U.S. government.

Raising doubts about any of the elements the prosecution must prove could lead to an acquittal or hung jury. But self-defense and consent are not valid defenses to theft charges.

Recent Cases and Controversies

There have been a number of recent high-profile cases involving prosecutions under 18 U.S.C. § 641:

• In 2013, Bradley Manning was convicted under 18 U.S.C. § 641 for leaking over 700,000 classified government documents to WikiLeaks. He was sentenced to 35 years in prison.[1]
• In 2019, Natalie Mayflower Sours Edwards, a senior advisor at the Treasury Department, was charged under 18 U.S.C. § 641 for leaking confidential financial reports to a BuzzFeed reporter. She pleaded guilty and was sentenced to 6 months in prison.[2]
• In 2020, the Justice Department came under scrutiny for bringing 18 U.S.C. § 641 charges against protesters accused of minor acts of vandalism during racial justice protests in Portland and Washington D.C. Critics argued this stretched the law too far.[3]

There is an ongoing debate about whether 18 U.S.C. § 641 is sometimes misused by prosecutors to bring excessive charges for low-level non-violent property crimes during protests or civil disobedience.

Penalties for Violating 18 U.S.C. § 641

Violating 18 U.S.C. § 641 can potentially result in:

• Up to 10 years in federal prison if the value of the stolen property exceeds $1,000
• Up to 1 year in prison if the value of the property is $1,000 or less
• Fines of up to $250,000 for individuals or $500,000 for organizations
• Probation or supervised release after serving a prison sentence
• Forfeiture of assets obtained from the crime
• Restitution to compensate the government for losses

Sentences are determined based on federal sentencing guidelines that consider the defendant’s criminal history and specific circumstances of the case. But judges have discretion in imposing sentences within the statutory range.

Reporting Theft of Government Property

If you become aware of or suspect theft of government property, it should be reported immediately. Federal employees should report it to their supervisor, agency inspector general, or other appropriate authorities. Theft can also be reported to the General Services Administration Office of Inspector General hotline at 800-424-5210 or online at https://www.gsaig.gov/.

Citizens who observe theft of government property in progress should contact local law enforcement or call 911. But suspected theft by government employees can be reported to federal authorities for investigation.

Takeaways

• 18 U.S.C. § 641 makes it illegal to steal or convert U.S. government property, records, money, or things of value.
• Charges and penalties depend on the value of the stolen property, with stiffer penalties over $1,000.
• The law covers both tangible property like equipment and intangible property like data or secrets.
• Possible defenses include lack of criminal intent, authorization, returning property, challenging the valuation, or disputing government ownership.
• Violations should be reported to supervisors, agency inspectors general, GSA, or law enforcement authorities.

The bottom line is that theft of government property is a serious federal crime. Those who work with government assets must be cautious to avoid misuse and unintentional violations of 18 U.S.C. § 641. But overzealous prosecution is also a concern when applied to low-level non-violent infractions.