18 U.S.C. § 666 (a)(1)(A) prohibits the fraudulent taking of
"property" that is (1) valued at $5,000 or more and (2) under the care
custody or control of the organization, government or agency.|
The term "property" is undefined and apparently without limitation.
It includes all property, tangible and intangible, as well as money, that is
under the care, custody, or control of the organization or state or local
government agency. It has been held to include employee services, such as
using employees to run personal errands. United States v. Valentine,
63 F.3d 459 (6th Cir. 1995).
To sustain a conviction under Section 666, it is not necessary to
show that the property embezzled or stolen is Federal property or otherwise
prove that the embezzled funds came from a Federal, rather than a state,
source. The statute requires only that the $5,000 in property be owned by
or in the custody or control of an organization, government or agency that
received $10,000 in Federal benefits. United States v. Valentine, 63
F.3d 459 (6th Cir. 1995).
Courts also have adopted this interpretation in cases involving the
bribery section of the statute, 18 U.S.C. § 666(a)(1)(B), which has a
similar $5,000 threshold. See United States v. Westmoreland,
841 F. 2d 572 (5th Cir.), cert. denied, 488 U.S. 82 (1988); United
States v. Coyne, 4 F.3d 100 (2d Cir. 1993), cert. denied, 114 S.
Ct. 929 (1994); United States v. Simas, 937 F.2d 459 (9th Cir. 1991);
United States v. Smith, 659 F. Supp. 833 (S.D. Miss. 1987).
[cited in USAM 9-46.100]