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Legislative History18 U.S.C. § 666
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The legislative history of 18 U.S.C. § 666 is sparse.
Nevertheless, the limited legislative history of 18 U.S.C. § 666
indicates
that Congress intended it to be construed broadly, consistent with its
purpose
of protecting the vast sums of money distributed through Federal programs
from
theft and fraud. The Senate Report states that 18 U.S.C. § 666 was
"designed
to create new offenses to augment the ability of the United States to
vindicate
significant acts of theft, fraud, and bribery involving Federal monies that
are
disbursed to private organizations or state and local governments pursuant
to a
Federal program."
S. Rep. No. 225, 98th Cong. 1st Sess. 369, reprinted in 1984 USCCAN
351.
The Congress also clearly intended to vitiate the problems of title
transfer and commingled funds encountered under 18 U.S.C. § 641.
In many cases, such [Sec. 641] prosecution is impossible because title
has
passed to the recipient before the property is stolen, or the funds are so
commingled that the Federal character of the funds cannot be shown. This
situation gives rise to a serious gap in the law, since even though title to
the
monies may have passed, the Federal Government clearly retains a strong
interest
in assuring the integrity of such program funds. Indeed, a recurring
problem in
this area (as well as in the related area of bribery of the administrators
of
such funds) has been that state and local prosecutors are often unwilling to
commit their limited resources to pursue such thefts, deeming the United
States
the principal party aggrieved. Id. at 369.
[cited in USAM 9-46.100] | |