Protection of Government PropertyNonappropriated
The Department has in the past successfully maintained the position
that money and property of nonappropriated fund activities--such as armed
services post exchanges--are within the scope of 18 U.S.C. § 641.
United States v. Cotten, 471 F.2d 744 (9th Cir.), cert.
U.S. 936 (1973). This position rests on the fact that employees of these
activities are employees of the United States under 5 U.S.C. § 2105(c)
on the fact that these entities have been considered federal agencies for a
number of purposes. See, e.g., Jaeger v. United States, 394
944 (D.C.Cir. 1968); Brethauer v. United States, 333 F.2d 302 (8th
1964); United States v. Holcomb, 277 F.2d 143 (4th Cir. 1960).|
[cited in USAM 9-66.200]