9-66.010 | Introduction |
9-66.100 | Protection of Government Property—Real Property |
9-66.200 | Protection of Government Property—Personalty |
9-66.300 | Embezzlement of Government Property |
9-66.400 | Protection of Public Records, Documents and Other Government Information |
9-66.500 | Destruction of Government Property (18 U.S.C. § § 1361-1363, 1366) |
9-66.010 - Introduction
One of the principal responsibilities of the federal criminal law is the protection of government property. The property holdings of the United States, its departments and agencies are extensive and include both real and personal property in this country and abroad. In order for the Federal government to perform the wide range of duties assigned to it by law, it must have ready access to these properties and resources. Therefore it is very important that these properties be protected from any theft, misuse or misappropriation.
This chapter focuses on the series of laws that Congress has enacted which prohibit the wrongful taking or misuse of land, personal property and other resources belonging to the United States.
Supervisory authority for prosecutions involving most crimes against government property rests with the Office of Enforcement Operations of the Criminal Division. However, responsibility for certain violent crimes and those involving willful destruction of government property may rest with the Counterterrorism Section of the National Security Division. Prior authorization of the Criminal Division is not required for instituting these prosecutions. United States Attorneys with questions regarding the application of these laws are encouraged, however, to contact the appropriate Section for assistance. For information on investigatory jurisdiction, see the Criminal Resource Manual at 1629.
9-66.100 - Protection of Government Property—Real Property
Real Property—18 U.S.C. § 7 | Criminal Resource Manual at 1630 |
Real Property—Other Laws | Criminal Resource Manual at 1631 |
National Parks and Forests | Criminal Resource Manual at 1632 |
Natural Resources | Criminal Resource Manual at 1633 |
Military Bases | Criminal Resource Manual at 1634 |
Other Federal Buildings | Criminal Resource Manual at 1635 |
9-66.200 - Protection of Government Property—Personalty
Personalty | Criminal Resource Manual at 1636 |
18 U.S.C. § 641 | Criminal Resource Manual at 1637 |
Embezzlement of Government Property— 18 U.S.C. § 641 | Criminal Resource Manual at 1638 |
Definition—"Steal or Purloin" | Criminal Resource Manual at 1639 |
Definition—"Knowing Conversion" | Criminal Resource Manual at 1640 |
Concept—"Sell, Convey and Dispose of Government Property Without Authority" | Criminal Resource Manual at 1641 |
Concept—Receiving, Concealing or Retaining Stolen Property | Criminal Resource Manual at 1642 |
Definition— Property Protected by 18 U.S.C. § 641 | Criminal Resource Manual at 1643 |
Government Property— Title in the name of the "United States" | Criminal Resource Manual at 1644 |
State and Local Programs Financed by the Federal Government | Criminal Resource Manual at 1645 |
Nonappropriated Funds | Criminal Resource Manual at 1646 |
National Guard Property | Criminal Resource Manual at 1647 |
Civil Air Patrol Property | Criminal Resource Manual at 1648 |
Goods in Transit | Criminal Resource Manual at 1649 |
Government Checks | Criminal Resource Manual at 1650 |
Seized Property | Criminal Resource Manual at 1651 |
Intangible Property Interests | Criminal Resource Manual at 1652 |
Custody of Government Property in the United States | Criminal Resource Manual at 1653 |
Definition—"Or Any Property Made or Being Made Under Contract for the United States or Any Department or Agency Thereof | Criminal Resource Manual at 1654 |
Element—Intent | Criminal Resource Manual at 1655 |
Element—Value | Criminal Resource Manual at 1656 |
Proof Problems in Section 641 Prosecutions | Criminal Resource Manual at 1657 |
Jurisdiction and Venue | Criminal Resource Manual at 1658 |
9-66.300 - Embezzlement of Government Property
Other Embezzlement Provisions | Criminal Resource Manual at 1659 |
Embezzlement by Court Officers | Criminal Resource Manual at 1660 |
Embezzlement of Public Funds | Criminal Resource Manual at 1661 |
Miscellaneous Theft of Government Property Statutes | Criminal Resource Manual at 1662 |
9-66.400 - Protection of Public Records, Documents and Other Government Information
Protection Of Public Records and Documents | Criminal Resource Manual at 1663 |
Theft of Government Information | Criminal Resource Manual at 1664 |
Disclosure of Confidential Government Information | Criminal Resource Manual at 1665 |
9-66.500 - Destruction of Government Property (18 U.S.C. § § 1361-1363, 1366)
The Federal Bureau of Investigation (FBI) has the authority to investigate offenses under 18 U.S.C. §§ 1361-1363, 1366. The Counterterrorism Section of the National Security Division has supervisory authority.
See the following sections of the Criminal Resource Manual for a discussion of the statutes that can be used to prosecute destruction of government property:
18 U.S.C. § 1361 | Criminal Resource Manual at 1666 |
Related Statutes | Criminal Resource Manual at 1667 |
Malicious Mischief— Communication lines, stations or systems— 18 U.S.C. § 1362 | Criminal Resource Manual at 1668 |
Application of Section 1362 to Commercial Radio Stations | Criminal Resource Manual at 1669 |
Other Statutes Affected | Criminal Resource Manual at 1670 |
Malicious Mischief— Buildings or property within special maritime and territorial jurisdiction—18 U.S.C. § 1363 | Criminal Resource Manual at 1671 |
Other Statutes Affected | Criminal Resource Manual at 1672 |
Malicious Mischief—Destruction of energy facility—18 U.S.C. § 1366 | Criminal Resource Manual at 1673. |
[updated May 2012]