Element Issue18 USC 912"Acting Under
Two district courts hold that the defendant must pretend not only
that he is an employee of the United States, but also that the property is
demanded or obtained under the authorization of the United States or for the
United States. United States v. Grewe, 242 F. Supp. 826 (W.D.Mo.
1965) (cashing personal checks not an offense); United States v.
York, 202 F. Supp. 275 (E.D.Va. 1962) (obtaining personal credit not an
offense). To save the phrase "acting under the authority of the United
States" from being read out of the statute, the court in York found
it necessary to interpret it to mean acting "for the United States" or in a
way "authorized by the United States."|
[cited in USAM 9-64.300]