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Criminal Resource Manual 1004 General Elements Of The Offense
General Elements of the Offense
In all prosecutions under 18 U.S.C. § 666(a)(1)(A) the United States must prove the following general elements:
In addition to these general elements the United States must also prove the elements of the specific prohibited act charged, i.e., embezzlement, larceny or criminal conversion.
- that the defendant is an agent of an organization or of a state, local or Indian Tribal government;
- that the organization, government or agency receives benefits in excess of $10,000 in a one-year period pursuant to a Federal program involving a grant, a contract, a subsidy, a loan, a guarantee, insurance, or another form of Federal assistance;
- that the defendant embezzled, stole, obtained by fraud, or otherwise without authority knowingly converted to the use of any person other than the rightful owner, or intentionally misapplied, property;
- which had a value of $5,000 or more; and
- was owned by or under the care, custody, or control of such organization, government, or agency.
[cited in USAM 9-46.100]
Updated February 19, 2015