Larceny or the theft of government property is a
federal offense. In order to prove the crime; the
prosecution must prove the following:
- A wrongful taking or carrying away of
property.
- The property belonged to the United States.
- The defendant took the property without the
consent of the United States.
- The defendant had the intent to deprive the
United States of the property.
Larceny is a specific intent offense. The
prosecution must show that the defendant had the
specific intent to deprive the United States of its
property. In contrast to embezzlement, larceny
requires the actual showing that the defendant
intended and sought to permanently deprive the
United States of its property.
There are also different types of larceny that
the defendant may be charged with. For example, the
defendant may be charged with larceny by trick or
larceny by false pretenses. In the case of either
offense, the above elements need to be shown. In
addition, the prosecution must show that the
defendant attempted to induce or trick the United
States into giving him its property.
Conversion
Conversion is defined as the unauthorized
exercise over the property or goods of another.
Conversion of government property is a federal
offense. The prosecution must show the following
elements:
- An unauthorized act that deprived the United
States of its property.
- The property belonged to the United States.
- The defendant wrongfully exercised control
and dominion over the property of the United
States.
Conversion is a specific intent offense. The
prosecution must show that the defendant intended to
deprive the United States of its property by way of
an unauthorized exercise of the property.
Copyright 2007
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