1008

Knowing Conversion Without Authority

Knowing conversion without authority also is a very broad concept and includes conduct outside the definitions of embezzlement and stealing. When the defendant's conduct does not fall within any of the other prohibited acts of 18 U.S.C. § 666(a)(1)(A), it may still be reached under the theory that the defendant's conduct constituted a knowing conversion without authority. To prove a knowing conversion without authority the United States must establish: that the defendant knowingly converted to the use of any person other than the rightful owner, property; owned by or under the care, custody, or control of an organization or state or local government agency protected by the statute; without authority to do so; and with knowledge that he did not have authority to do so. [cited in USAM 9-46.100]