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1010. Knowledge

Another issue that may arise in an 18 U.S.C. § 666(a)(1)(A) prosecution is whether the intent element requires that the defendant knew that the protected organization received Federal benefits in excess of $10,000 in any one-year period. The legislative history provides no guidance on this question. Court decisions reviewing prosecutions under 18 U.S.C. §§ 641 and 665 stand for the proposition that the United States is not required to prove that the defendant had personal knowledge that the protected organization received the requisite Federal assistance.

[cited in JM 9-46.100]

Updated January 21, 2020