Concept"Sell, Convey and Dispose of Government
Property Without Authority"
The offense of selling, conveying or disposing of government
without authority can be seen simply as one form of knowing conversion.
641 of Title 18, however, contains a separate prohibition against this
To prove a violation of this prohibition the United States must show: that
defendant sold, conveyed or disposed of; property belonging to the United
without authority to do so; and with knowledge that he did not have
do so. See, e.g., United States v. Denmon, 483 F.2d 1093 (8th
1973); United States v. Sher, 418 F.2d 914 (9th Cir. 1969); United
States v. Souza, 304 F.2d 274 (9th Cir. 1962).|
It is not necessary, however, for the government to prove that the
defendant knew the property belonged to the United States as part of the
prosecution under this section. See United States v. Denmon,
F.2d at 1095. Nor must the government show that the property was stolen
United States. The government is not required to show how a defendant
possession of this property in a prosecution for sale of government
See United States v. Sher, 418 F.2d at 915.
[cited in USAM 9-66.200]