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Criminal Resource Manual 1654 Definition -- "Or Any Property Made Or Being Made Under Contract For The U.S. Or Any Department Or Agency Thereof"

1654

Definition—"Or Any Property Made or Being Made Under Contract for the United States or Any Department or Agency Thereof"

This phrase results in a significant extension of the scope of 18 U.S.C. § 641 in that it applies to property in which the United States holds neither title nor a custodial interest. See United States v. Anderson, 45 F. Supp. 943, 949 (S.D.Cal. 1942). This extension of jurisdiction is rarely used because in most cases a theft from a government contractor will be a matter of concern primarily to local law enforcement officials. However, situations arise in which the federal interest will predominate and for which prosecution under 18 U.S.C. § 641 should be considered; for example, the theft of property being used in a high priority federal program, the theft of property from an ordinary contractor but on such a large scale that completion of the contract is impaired, or the theft of military weapons, explosives or ammunition.

[cited in USAM 9-66.200]

Updated February 19, 2015