The government of the United States owns a significant amount of property. If you steal or embezzle this property, you might be charged with theft of government property. This is a crime outlined in a federal statute of the US penal code.

There are significant potential penalties for stealing from the government. The penalties vary depending on the severity of the crime. Usually the value of the property is taken into account when determining the sentencing.

It is a crime to embezzle, sell, or steal any piece of property belonging to the US government. That includes money, vouchers, records, and other valuable documents that have been issued by the government. Contractors are often the ones who have an opportunity to steal individual documentation. People who work within the government itself might be able to steal records or other valuable property. Some people who work in government finances might embezzle money from government accounts for months to years without anyone noticing.

If you know that a piece of property was embezzled or stolen, then it’s a crime to keep it without turning it over to the authorities. That remains true whether the property belonged to the government originally or not.

Embezzlement and theft are serious charges. If you have been charged with one of these crimes, or you suspect you might be charged with one of these crimes, you should get in contact with an attorney as soon as possible. There are often cases in which a prosecutor will level multiple embezzlement charges against a single defendant during a trial.

The earlier that you have a qualified attorney on your side, the better the chances are for your case. That’s why it’s so important to contact a lawyer the second you suspect you might be the subject of an investigation.

Understanding Theft of Government Property

Theft of government property is outlined very specifically in a federal statute. It explains what actions constitute theft and what items constitute property. In addition, it specifies that the person must knowingly and intentionally steal the property.

Embezzlement is a term used in the statute. When you embezzle something, you use the property when you aren’t meant to, even though it was entrusted to your care. For example, if you’re meant to take care of a trust, you would be embezzling if you then used money from that trust to fund your own lifestyle.

Government property and funds are most accessible to government employees. These are the individuals who are most commonly involved in cases of fraud.

One of the things that sets embezzlement apart from larceny is that when a person embezzles money, it is legal for them to take it. However, they then spend the money in a way that they did not have clearance to do. This is the case when you’re permitted to remove funds and use them for a predetermined purpose.

Elements of the Crime

With any crime, the prosecutor must prove that certain elements were at play. If they cannot prove that every element of the crime was committed, then the jury must acquit the defendant.

To be convicted of embezzlement, the person with the funds must misuse those funds for their own gain. Their intent must be to deprive the government of the funds.

In some cases, the transgression is a very simple one. You might not even realize that it’s outside the bounds of the law. For example, it’s illegal to use a government vehicle to run your personal errands. But a government employee might do just this while on the job.

There are other cases that are much more complicated. For example, an employee with access to government accounts might funnel funds into their private business ventures. This is especially thorny when the business ventures look legitimate from the outside. It’s only when there’s a deeper investigation that the conflict of interest is revealed.

Unfortunately, you can still be charged with embezzlement even if you intend to pay back what you stole. Embezzlement has occurred as soon as you misuse the property, regardless of what you intend to do to rectify the situation.

Larceny is slightly different. This is a more traditional type of theft, in which a person steals an item or asset that they were never entitled to. Government contractors, employees, and random individuals can all be charged with larceny.

You have committed larceny if you steal government property while intending to deprive the government of it. In the case of larceny, you must intend to permanently steal the property. If you intend to bring it back, you might have a legitimate defense.

The statute that defines these crimes is written broadly on purpose to cover the majority of wrongdoing that results in the government being deprived of its lawful property.