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1648. Protection Of Government Property -- Civil Air Patrol Property

The Civil Air Patrol (C.A.P.) is officially an auxiliary of the United States Air Force, but is actually no more than a private corporation chartered by act of Congress and operating without any federal funds. Senate Permanent Subcommittee on Investigations, S.Rep. No. 40, 86th Cong., 1st Sess., 11-12 (1959). See also Pearl v. United States, 230 F.2d 243, 245 (10th Cir. 1956). Therefore, as a general rule, a theft of C.A.P. property could not be covered by 18 U.S.C. § 641. However, close attention must be directed to the manner in which local C.A.P. auxiliaries acquire surplus government property to determine whether specific goods constitute property of the United States.

[cited in JM 9-66.200]

Updated January 17, 2020