Consequences of Stealing Government Property (18 U.S.C. Section 641)

Stealing from the United States government is a serious offense. Generally speaking, as the value of the property you unlawfully obtained increases, so does your punishment, if you are ultimately convicted.

If you are charged with this serious crime, we strongly encourage you to hire one of our experienced federal attorneys from Wallin & Klarich to represent you. We may be able to have your charges reduced or dismissed altogether. If not, we may be able to persuade the U.S. attorney’s office to accept a fine or probation instead of imprisonment if you must plead guilty.

Let’s take a look at the following example to get a better idea of what you could be facing if you are arrested for stealing government property…

Former Public Defender Pleads Guilty to Stealing Government Property

An attorney, retired from the Riverside County Public Defender’s office, was convicted recently on two counts of theft of government property for stealing $129,795 from the Social Security Administration (SSA).

U.S. District Court records show that the woman pled guilty to theft charges, resulting from 12 years of bilking the federal government out of benefits intended for her grandmother, who died in 2000.

The woman shared access to a joint account with her grandmother. By simply changing the account’s deposit address, she was able to continue to collect her dead grandmother’s Social Security payments from June 2000 through August 2012.

Suspecting fraud, the SSA investigated the matter, eventually leading to the woman’s arrest. She later pleaded guilty and was sentenced to one year and one day in federal prison as a result of her felonious scheme.¹

What is Theft of Government Property?

Theft of government property is a federal offense under 18 U.S.C. section 641. According to this law, it is a crime to embezzle, steal, or knowingly convert with intent for your own personal gain the property of someone else, or without authority to sell, convey or dispose of any record, voucher, money, or thing of value issued by a department of the United States government.

It is also a crime to receive, conceal or retain anything of value if you know it has been embezzled, stolen or converted.

“Value” means face or market value, either wholesale or retail, whichever is greater.

Conversion includes intangible personal property or “commercial paper”, such as checks, promissory notes, bonds, or stocks; and written documents, such as deeds or contract.

If the amount involved does not exceed $1,000, you face a misdemeanor charge, punishable by up to one year in prison, a fine of up to $100,000, or both. Stolen or converted government property amounting to more than $1,000 can be prosecuted as a felony and upon conviction is subject to up to 10 years in prison, a maximum $250,000 fine, or both.

Additionally, a conviction under Section 641 of the United States Code can cause you to be held civilly liable for restitution. Which means, not only could you face a substantial fine and imprisonment, you could be ordered to pay back all of the money you stole, with interest.

Other Consequences of a Government Theft Conviction

In addition to criminal and civil penalties, a conviction under 18 U.S.C. section 641 could expose you to other detrimental consequences. For example:

• Disciplinary proceedings brought against you by a state or professional licensing agency, resulting in suspension or revocation of your license to practice in your career; and
• Loss of your right to possess, own or purchase a gun, if you are convicted of a felony;

Generally, theft and fraud offenses are considered to be what are known as “crimes involving moral turpitude” (CIMT) by the United States. A CIMT conviction subjects non-U.S. citizens to the possibility of deportation or removal, even if they have Legal Permanent Resident status (“green card” holders).

Contact Wallin & Klarich Today if You are Charged with Government Property Theft

If you or someone you know has been accused of government property theft in violation of 18 U.S.C. section 641, you should speak with one of our experienced federal defense attorneys at Wallin & Klarich today.

Our attorneys at Wallin & Klarich have over 40 years of experience in federal court successfully defending our clients facing fraud and theft-related charges. Hiring an attorney from Wallin & Klarich to represent you is your best chance to avoid the most serious consequences of a federal theft or fraud conviction, including a lengthy prison sentence, large fines and the loss of your professional license.

With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, Our attorneys at Wallin & Klarich are conveniently located throughout Southern California. We will help you receive the best result possible in your case.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.

^{1. [U.S. Attorney’s Office, Central District of California: ”Former Riverside County Deputy Public Defender Gets Year in Prison for Collecting Her Dead Grandmother’s Social Security Benefits”; http://www.justice.gov/usao/cac/Pressroom/2014/068.html]↩}