Protection of Government PropertyJurisdiction
Much of the property owned by the United States is located outside
territorial limits of this country. The presence of American military and
diplomatic personnel overseas necessarily requires the presence of
property abroad as well. In order to protect this property, section 641 has
construed to have extraterritorial effect. See United States v.
Cotten, 471 F.2d 744, 749-50 (9th Cir.), cert. denied, 411 U.S.
(1973). Therefore, the theft of United States government property in
countries violates 18 U.S.C. § 641.|
Venue for violations of 18 U.S.C. § 641 committed abroad is
by 18 U.S.C. § 3238, which provides that the trial of such offenses
brought in the district "in which the offender, or any one of two or more
offenders, is arrested or is first brought; but if such offender or
not so arrested or brought into any district, an indictment or information
be filed in the district of the last known residence of the offender or of
one of two or more joint offenders, or if no such residence is known the
indictment or information may be filed in the District of Columbia."
18 U.S.C. § 3238. See United States v. Cotten, 471 F.2d
[cited in USAM 9-66.200]