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1009

Intentional Misapplication

The offense of intentional misapplication is not defined in § 666. Intentional misapplication, however, is not materially different from the offense of willful misapplication found in 18 U.S.C. § 665.

To prove a willful misapplication violation of 18 U.S.C. §  666(a)(1)(A) the United States must establish the general elements and the following specific elements:

  1. that the defendant, with the intent to defraud, willfully converted or took for his/her own use or benefit or the use or benefit of another, property; and

  2. that property was owned by or under the care, custody, or control of an organization or state or local government agency protected by the statute.

[cited in USAM 9-46.100]