Larceny and Conversion of Government Property

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.
 

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