This is archived content from the U.S. Department of Justice website. The information here may be outdated and links may no longer function. Please contact if you have any questions about the archive site.

1009. Intentional Misapplication

The offense of intentional misapplication is not defined in § 666. Intentional misapplication, however, is not materially different from the offense of willful misapplication found in 18 U.S.C. § 665.

To prove a willful misapplication violation of 18 U.S.C. §  666(a)(1)(A) the United States must establish the general elements and the following specific elements:

  1. that the defendant, with the intent to defraud, willfully converted or took for his/her own use or benefit or the use or benefit of another, property; and
  2. that property was owned by or under the care, custody, or control of an organization or state or local government agency protected by the statute.

[cited in JM 9-46.100]

Updated January 21, 2020