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8.40 Receiving Stolen Government Money or Property

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8.40 RECEIVING STOLEN GOVERNMENT MONEY OR PROPERTY (18 U.S.C. § 641)

The defendant is charged in [Count _______ of] the indictment with [[receiving] [concealing] [retaining]] [[embezzled] [stolen] [converted]] government [money] [property] in violation of Section 641 of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:

First, the defendant knowingly [[received] [concealed] [retained]] [[money] [property of value]];

Second, the [money] [property] belonged to the United States;

Third, the defendant knew that the [money] [property] had been [embezzled] [stolen] [converted];

Fourth, the defendant intended to convert the [money] [property] to [his] [her] own use or gain; and

Fifth, the value of the [money] [property] was more than $1,000.

Comment

See Comment to Instruction 8.39 (Theft of Government Money or Property).

Approved 7/2011