Theft of Government Property Defense Attorney in San Diego

Under 18 U.S.C. § 641, theft of money or property of the United States is punishable by “imprisoned not more than ten years,” but the maximum drops to “not more than one year” when the value “does not exceed the sum of $1,000.” This page covers what the government must prove and how these cases are sentenced and defended in San Diego.

Theft of government property cases are one part of our San Diego federal crimes defense practice.

18 U.S.C. § 641, verbatim

18 U.S.C. § 641: “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.”

Elements the government must prove

• The defendant “embezzles, steals, purloins, or knowingly converts” property, or “without authority, sells, conveys or disposes of” it (§ 641, first paragraph).
• The property is a “record, voucher, money, or thing of value of the United States or of any department or agency thereof,” or property “made or being made under contract for the United States” (§ 641).
• For the receiving offense, the defendant “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” (§ 641, second paragraph).
• Felony or misdemeanor turns on value. “The word “ value ” means face, par, or market value , or cost price, either wholesale or retail, whichever is greater” (§ 641).
• Intent. In Morissette v. United States (1952), the Supreme Court held that the “mere omission from § 641 of any mention of intent will not be construed as eliminating that element from the crimes denounced.”

Related federal charges

• False claims. 18 U.S.C. § 287 punishes anyone who presents a claim against the United States “knowing such claim to be false, fictitious, or fraudulent,” with a maximum of “imprisoned not more than five years.”
• False statements. 18 U.S.C. § 1001 reaches anyone who “knowingly and willfully” “makes any materially false, fictitious, or fraudulent statement or representation.” See our § 1001 page.
• Wire fraud. 18 U.S.C. § 1343 applies to schemes using interstate wires and carries “imprisoned not more than 20 years.”
• Civil False Claims Act. 31 U.S.C. § 3729(a)(1) makes a person who “knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval” liable for a civil penalty “plus 3 times the amount of damages which the Government sustains.”

Aiding, abetting and conspiracy

Under 18 U.S.C. § 2(a), whoever “aids, abets, counsels, commands, induces or procures” an offense “is punishable as a principal.” A person who agrees with another to take government property can also be charged under 18 U.S.C. § 371 where “one or more of such persons do any act to effect the object of the conspiracy”; that statute carries “imprisoned not more than five years.” See our § 371 conspiracy page.

Federal program funds held by state or local agencies

When money belongs to a state, county or tribal agency that receives federal funds, prosecutors often use 18 U.S.C. § 666 instead. It applies where the agency “receives, in any one year period, benefits in excess of $10,000 under a Federal program,” and covers an agent who “embezzles, steals, obtains by fraud, or otherwise without authority knowingly converts” property “valued at $5,000 or more.” The maximum is “imprisoned not more than 10 years.”

Statute of limitations

Most § 641 charges are subject to 18 U.S.C. § 3282(a): “no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after such offense shall have been committed.”

Fine exposure under 18 U.S.C. § 641

Fines for theft of government property are capped by the catch-all federal fine statute rather than the offense section itself (18 U.S.C. § 3571; 18 U.S.C. § 3559); see the quoted text on our bank fraud defense page.

A value of $1,000 or less caps the sentence at one year, which 18 U.S.C. § 3559(a)(6) classifies as a Class A misdemeanor: “one year or less but more than six months.”

Restitution

Restitution is mandatory for “an offense against property under this title” under 18 U.S.C. § 3663A(c)(1)(A)(ii).

How § 641 is sentenced under the 2026 Guidelines

Theft and embezzlement are sentenced under USSG §2B1.1. The loss table starts at “More than $9,000 add 2” and climbs through “More than $55,000 add 6” and “More than $150,000 add 8.” The notes provide that “Loss is the greater of actual loss or intended loss.”

An abuse-of-trust adjustment may apply under USSG §3B1.3 when a defendant “abused a position of public or private trust.” The Guidelines are advisory; under 18 U.S.C. § 3553(a) the court “shall impose a sentence sufficient, but not greater than necessary.”

Defenses that follow from the statute text

• No intent. Morissette requires criminal intent; an honest belief the property was abandoned or yours goes to that element.
• Not property “of the United States.” § 641 requires a “thing of value of the United States or of any department or agency thereof” (§ 641).
• Knowledge for receiving. The receiving clause requires “knowing it to have been embezzled, stolen, purloined or converted” (§ 641).
• Value. Value at or under “$1,000” caps exposure at one year (§ 641), and loss drives the range under §2B1.1.
• Time bar. Charges must be filed “within five years” under 18 U.S.C. § 3282.

Frequently Asked Questions (FAQs)

Q: What is considered theft of government property?

A: It includes taking or misusing any property, funds, or assets owned by the federal government.

Q: What is 18 U.S.C. § 641?

A: It is the federal statute that defines and governs theft of government property offenses.

Q: Can I be charged without knowing the property was government-owned?

A: Lack of knowledge can be a defense, depending on the circumstances.

Q: Are these charges always felonies?

A: No, lower-value cases may be charged as misdemeanors.

Q: Can a lawyer help reduce penalties?

A: Yes, a strong defense can lead to reduced charges or alternative sentencing.

Q: What defenses are commonly used?

A: Common defenses include lack of intent, insufficient evidence, and good faith belief.

Q: Why should I hire a federal criminal defense lawyer San Diego?

A: Because federal cases demand in-depth knowledge of federal procedure and substantial federal court experience to handle effectively.

Talk with the office about a government property charge

If you are under investigation or charged under § 641, contact the office to talk with Vikas Bajaj, or call (619) 525-7005.

This page is attorney advertising and general information, not legal advice. Every case turns on its own facts.

Related guides: Federal crimes defense · EIDL loan fraud · Bank fraud · 18 U.S.C. § 1001 false statements

What happens next

1. Call or send the form. Reach the office at (619) 525-7005 or use the contact form.
2. A confidential consultation with Vikas. You speak directly with attorney Vikas Bajaj about your situation.
3. A plan for your case. You leave with a clear plan for the next steps.

By Vikas Bajaj, Attorney at Law