1013. Aggregation

A question related to value is whether individual thefts of property of less than $5,000 in value may be aggregated to constitute a single offense of theft of property in excess of $5,000 in value. Again, the statute and its legislative history provide no guidance.

When multiple conversions are part of a single scheme, the government may aggregate. United States v. Sanderson, 966 F.2d 184 (6th Cir. 1992). See also United States v. Webb, 691 F. Supp. 1164 (N.D. Ill. 1988). The Sixth Circuit, however, has held that aggregation is proper only if the $5,000 theft or conversion occurred within the same one-year time period required under 18 U.S.C. § 666(b). United States v. Valentine, 63 F.3d 459 (6th Cir. 1995).

[cited in JM 9-46.100]