23.2 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.  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 23.1 (Theft of Government Money or Property). 

Revised July 2011