8.40 Receiving Stolen Government Money or Property (18 U.S.C. Sec. 641) is a federal criminal offense that occurs when a person knowingly receives, retains, or disposes of stolen government money or property with the intent to deprive the government of that money or property. This offense is punishable by a fine, imprisonment for up to 10 years, or both. There are two types of 8.40 Receiving Stolen Government Money or Property (18 U.S.C. Sec. 641): 1. Receiving Stolen Government Money: This occurs when a person knowingly receives, retains, or disposes of stolen government money with the intent to deprive the government of that money. 2. Receiving Stolen Government Property: This occurs when a person knowingly receives, retains, or disposes of stolen government property with the intent to deprive the government of that property.
8.40 Receiving Stolen Government Money or Property (18 U.S.C. Sec. 641)
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FAQ
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."
§ 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.
The section provides for a penalty for simple assault of a fine, imprisonment for up to one year, or both, and a penalty in all other cases of a fine, imprisonment for up to eight years, or both.
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.
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
18 U.S.C. § 649 provides that any person who possesses or controls money belonging to the United States and fails to deposit it when required to do so is guilty of embezzlement.
18 U.S. Code § 648 - Custodians, generally, misusing public funds.
