In order to establish a violation of 18 U.S.C. § 666(a)(1)(A) the
United States must establish that the illegally obtained property had a
$5,000 or more. Neither the statute nor the legislative history define
However, 18 U.S.C. § 641 defines value as "face, par, or market
or cost price, either wholesale or retail, whichever is greater."
U.S.C. § 2311 defines value as ". . . the face, par, or market value,
whichever is the greatest, and the aggregate value of all goods, wares, and
merchandise, securities, and money referred to in a single indictment shall
constitute the value thereof."
In light of these statutes and the absence of any explicit limiting
provision in 18 U.S.C. § 666(a)(1)(A) or its legislative history, an
broad definition of value is not inconsistent with the statute.
Additionally, the United States should not be required to prove the
or approximate property value. Rather, as in prosecutions under 18 U.S.C.
641, the United States should be required to show only that the value of the
property is $5,000 or more. See Jalbert v. United States, 375
125 (5th Cir. 1967), cert. denied, 389 U.S. 899 (1967).
[cited in USAM 9-46.100]