Federal Criminal Law (Theft)

Question 1

what are the 4 different forms of Theft found in the statute 18 U.S.C. 641

Answer 1

1. theft
2. embezzlement
   3 theft by conversion
3. theft by receipt of stolen property

Question 2

In order for the theft to be a felony the value must exceed

Answer 2

$1000 and be alleged in the charging document

Question 3

What is the nonconsensual taking and carrying away of the property of another with the intent to deprive the owner of the property?

Answer 3

Theft

Question 4

Under 18 U.S.C 641 what does theft only apply to?

Answer 4

Gov’t Property

Question 5

Which of the following examples satisfies the intent requirement under 18 U.S.C. § 641? Select all that apply,
A) A person takes a government vehicle to a local auction and sells it for cash
B) A person takes a broken government chair (that has been thrown into a dumpster as trash.
C) A person finds a government document on the street and brings it to the police station.
D) A person packs and ships to their retirement home, a government lamp used in their office lobby.

Answer 5

A and D

Question 6

The elements of what crime are property belonging to the US, the property came into the person’s possession lawfully, the person then wrongfully appropriated the property to his or her use for the use of another, the taking of the property (appropriation) was with the intent to deprive the US of the use or benefit of the property so taken?

Answer 6

Embezzlement

Question 7

Theft or embezzlement? A federal cashier pockets some of his workday proceeds to help pay for his new computer?

Answer 7

Embezzlement

Question 8

A Gov’t Employee steals a car, that unknown to him, is in fact a Gov’t vehicle?

Answer 8

Theft

Question 9

A local florist walks into a Gov’t building and takes the nearest computer for use in his personal business?

Answer 9

Theft

Question 10

A Gov’t employee reports her Gov’t issued laptop stolen, so that she can keep and use it in her off-duty business?

Answer 10

Embezzlement

Question 11

Buster and Benjamin were hiking and came across a crashed Navy plane. The plane had been therefor years and was rusting badly, Thinking the plane abandoned, Buster took it to a junkyard to sell for scrap. The Navy heard about it, investigated, and found the plane had been missing since 1980. Buster was charged with theft of government property. Which of the following is the most likely outcome of Buster’s prosecution?
A) it will fail because Buster had no intent to steal.
B) It will fail because the plane was sold for parts and not used for criminal activity
C) It will succeed because the government can prove that the property was not abandoned
D) It will succeed because Buster took the government property

Answer 11

A

Question 12

Ron, a federal agent, about five years after being issued a gov’t revolver, falsely reported the gun had been lost in order to keep the gun for himself Ron’s scheme became known to the gov’t. The gun was recovered. Which statement best describes the outcome of the scenario?

A) Ron was not charged with a crime because he obtained the weapon lawfully
B) Ron was not charged with a crime because the gun was recovered
C) Ron is charged with theft under 18 U.S.C 641
D) Ron is charged with embezzlement under 18 U.S.C. 641

Answer 12

D

Question 13

What crime has the elements of the defendant wrongfully, converted property (did something inconsistent with gov’t ownership), that belongs to the US or any dept or agency thereof?

Answer 13

Theft by Conversion

Question 14

What crime has the elements of he defendant voluntarily intentionally and knowingly received, stolen, embezzled or converted property, with the intent to deprive the US of the use or benefit of the property?

Answer 14

Theft by receipt of stolen property

Question 15

An employee of the Social Security Administration, a Federal Agency, takes his gov’t-issued laptop computer home from his office and sells it on Ebay. What offense has occurred?

A) Embezzlement
B) Theft
C) Theft by Conversion
D) Theft by receipt of stolen property

Answer 15

A) Embezzlement

Question 16

Jack, an employee of the VA, a federal ageny, removes a gov’t issued camera from his office. Jack selss the camera to his cousin Colin. Colin knows the property was illegally obtained. What crime did Colin commit?

A) Embezzlement
B) Theft
C) Theft by Conversion
D) Theft by receipt of stolen property

Answer 16

D) Theft by receipt of stolen property

Question 17

Frank, the Federal Agent, while TDY, parks his unmarked federal government vehicle outside Denny’s Restaurant while he stops for breakfast. He leaves the keys in the ignition. While Frank is inside, Tom steals the vehicle so that he can sell it to a stolen car ring. Tom did not know it was a federal government vehicle when he took it. Based on these facts, should Tom be charged with violating 18 USC §641?
ANSWER
a. Yes. Tom could be charged with conversion of government property under 18 USC § 641.
b. No. Tom could not be charged under 18 USC § 641, because he did not know it was a federal government vehicle.
c. Yes. Tom could be charged with theft of government property under 18 USC § 641.
d. No. Tom could not be charged with any form of theft, because Frank consented to Tom’s taking the vehicle by leaving the keys in the vehicle.

Answer 17

c. Yes. Tom could be charged with theft of government property under 18 USC § 641. CORRECT: Tom took federal government property with the intent to permanently deprive the government of the property.

Question 18

Tom takes Frank’s Fed car to his friend John who operates an illegal chop-shop. John has received cars from Tom in the past and likes dealing with him because Tom always brings him newer model cars. John’s garage is raided by the police and Frank’s car is discovered on the premises in various stages of “chopping.” Under 18 U.S.C. §641 John should be charged with:
ANSWER
a. Theft of stolen government property.
b. Embezzlement of government property.
c. Receiving stolen government property.
d. Operating an illegal chop-shop

Answer 18

c. Receiving stolen government property. CORRECT: The government does not have to prove John knew it was government property, just that it was stolen property that belonged to the federal government.

Question 19

Instead of taking Frank’s car to the chop-shop, Tom takes Frank’s car to Bill’s garage to get an oil change. Bill runs a reputable oil change business out of his garage. He has no idea who Tom is. However, the police see Frank’s car and recognize it as the one stolen from Frank the Federal Agent the previous day. Under 18 U.S.C. §641, Bill should be charged with:
ANSWER
a. Possession of stolen government property. b. Embezzlement of government property.
c. Conversion of government property.
d. Nothing.

Answer 19

d. Nothing.

Question 20

Question Root
Fred the Federal Agent is responsible for his agency’s 28 foot boat. The boat is only to be used for official law enforcement business. On the weekend Fred takes his buddies fishing on the boat, where they consume vast quantities of adult beverages. Under 18 U.S.C. §641, Fred should be charged with:
ANSWER
a. Possession of stolen government property.
b. Embezzlement of government property.
c. Conversion of government property.
d. Nothing.

Answer 20

c. Conversion of government property. CORRECT: Fred committed the crime of conversion - improper use (misuse) of government property or denying the government the use of the property.

Question 21

Jill is employed by the U.S. Postal Service. Her daughter is getting married. In order to save money she brings all of the wedding invitations to work where she mails them using stamps allocated for sale to the public. She covers the loss by telling the postal inspector that the stamps were stolen by a customer who leaned across the counter and took them. She could be prosecuted under 18 USC § 641 for:
ANSWER
a. Theft by making a false statement to the postal inspector.
b. Theft of government property.
c. Theft by embezzlement of government property.
d. Theft by receiving stolen government property.

Answer 21

c. Theft by embezzlement of government property. CORRECT: The correct offense under 18 USC § 641 is embezzlement: rightful possession – wrongful taking.

Question 22

Clyde buys some stolen computers from Tim. Tim tells Clyde that they were part of a shipment hijacked from Gateway. Actually, Tim stole the computers from FLETC. Based on these facts, Clyde can be charged under 18 USC §641 with:
ANSWER
a. Theft of government property.
b. Receiving stolen government property.
c. Embezzlement of government property.
d. Nothing, because Clyde did not know the computers belonged to the government.

Answer 22

b. Receiving stolen government property. CORRECT: Clyde knew the computers were stolen. He runs the risk the computers are federal government property. The correct offense is receiving stolen government property

Question 23

Joe, a federal investigator, is in need of quick money to tide him over the weekend, so that he can properly wine and dine Suzi Q on Saturday night. On Friday night after work, he pawns his issued weapon, knowing that he can retrieve it Monday morning with his IRS tax refund check that will get deposited to his account on Sunday night /early Monday morning. All of this can be accomplished before he has to go back to work. Based on these facts, can Joe be charged under 18 U.S.C. §641?
ANSWER
a. Yes, theft of government property.
b. Yes, conversion of government property.
c. Yes, embezzlement of government property.
d. No, nothing, so long as he gets the weapon out of pawn before he goes back to work on Monday morning.

Answer 23

b. Yes, conversion of government property. CORRECT: This offense is conversion, denying the government of the use of the property or misuse of government property. While the weapon is “in pawn” he is denying the government the use of the property, as well as misusing the property.

Question 24

Slick Willie stops at a truck stop. He sees a Roadway tractor-trailer parked in the lot with no lock on the cargo doors. He opens the doors and helps himself to several thousand pairs of gym shorts and t-shirts embroidered with the “FLETC” logo on the front and “Property of FLETC” on the back. The property was made under contract for FLETC, but has not yet been delivered. Slick Willie has no idea what FLETC is or what FLETC means. Is Slick Willie guilty of anything under 18 U.S.C. §641?
ANSWER
a. Yes, embezzlement of government property.
b. Yes, theft of government property.
c. No, because the clothing was stolen at a truck stop and not at the FLETC facility.
d. No, because Slick Willie had no idea what FLETC was.

Answer 24

b. Yes, theft of government property. CORRECT: Someone who steals runs the risk that the property stolen is government property. Property made under contract for the government is government property. The government does not have to prove the suspect knew the property belonged to the government. All the government has to prove is that the property belongs to, or was made under contract for, the government.

Question 25

Joe, a federal investigator, is in need of some quick money to tide him over the weekend, because he has a hot date with Suzi Q on Saturday night. On Friday night after work, he pawns his government issued weapon, knowing that he can retrieve it Monday morning with his IRS tax refund check that will be deposited to his account on Sunday night /early Monday morning. On Saturday night, while Joe is on his hot date with Suzi Q, the pawn shop is burglarized by Al who steals several weapons to include Joe’s pawned weapon. While the burglary of the pawnshop is being investigated, Al uses Joe’s pawned weapon in an armed robbery of a liquor store. As he flees the liquor store robbery, Al is ultimately arrested with Joe’s pawned weapon in his possession. Based on these facts, which of the following is correct?
ANSWER
a. No one can be charged under 18 U.S.C. §641.
b. Only Joe can be charged under 18 U.S.C. §641.
c. Both Joe and Al can be charged under 18 U.S.C. §641.
d. Only Al can be charged under 18 U.S.C. §641.

Answer 25

c. Both Joe and Al can be charged under 18 U.S.C. §641. CORRECT: By pawning the property, Joe committed theft by conversion. Al stole government property. A person who steals assumes the risk that the property stolen belongs to the federal government property.