1643
DefinitionProperty Protected by 18 U.S.C. §
641
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The property encompassed by 18 U.S.C. § 641 is also defined in
broad terms. Section 641 protects "any record, voucher, money, or thing of
value
of the United States or any department or agency thereof, or any property
made
or being made under contract for the United States or any department or
agency
thereof."
Generally, jurisdiction under 18 U.S.C. § 641 turns on the
nature
of the government's interest in the property which has been stolen. If that
interest is sufficient, federal jurisdiction attaches; if it is not
sufficient,
the prosecution must be deferred to the state or local authorities. The
question
of whether the United States has sufficient interest in some property to
trigger
jurisdiction under 18 U.S.C. § 641 arises in a wide variety of factual
contexts. Some of the most common situations involving this issue are
described
below.
[cited in Criminal Resource Manual 1638; USAM 9-66.200] | |