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1004

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:

    1. that the defendant is an agent of an organization or of a state, local or Indian Tribal government;

    2. 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;

    3. 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;

    4. which had a value of $5,000 or more; and

    5. was owned by or under the care, custody, or control of such organization, government, or agency.

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.

[cited in USAM 9-46.100]