Facing a federal charge under 18 U.S. Code § 641 is a serious matter that requires immediate legal action. This statute makes it a federal crime to knowingly steal, embezzle, or convert government property or money for personal use. Whether you’re accused of taking physical property, receiving federal funds improperly, or misusing government resources, the penalties can be severe—including hefty fines, restitution, and prison time.
If you’ve been charged or are under investigation, the attorneys at Stechschulte Nell are here to help. Here’s what you need to know—and do next—to protect yourself:
What Is 18 U.S. Code § 641?
This law prohibits the theft or misuse of U.S. government property or funds, and it applies broadly to many situations. You don’t have to break into a federal building or physically steal something to be charged under this statute.
You may be charged under § 641 if you:
- Take or misuse government-owned property (vehicles, equipment, etc.)
- Receive or keep federal benefits (like Social Security or stimulus funds) that you weren’t entitled to
- Use federal resources for unauthorized personal or business purposes
- Purchase or sell stolen government-issued items, such as IDs or surplus equipment
Key elements prosecutors must prove:
- The property belonged to the federal government or a federal agency.
- You knowingly stole, embezzled, converted, or misused it.
- You acted willfully and without authorization.
Common Examples Of § 641 Cases
- A government employee taking equipment or supplies for personal use
- Fraudulently cashing a deceased relative’s Social Security checks
- Selling military surplus items not legally authorized for resale
- Using a government-issued credit card for personal expenses
- Misappropriating disaster relief funds
Penalties Under § 641
The penalties depend on the value of the stolen property:
| Value | Potential Penalty |
| Over $1,000 | Up to 10 years in prison and/or a fine |
| $1,000 or less | Misdemeanor charge with up to 1 year in jail |
Additional penalties may include:
- Restitution to the government
- Asset forfeiture
- Loss of employment (especially if you’re a government worker)
- Permanent federal criminal record
What To Do If You’re Charged
1. Do Not Speak to Investigators Without a Lawyer
Even if you think it’s a misunderstanding, never speak to federal agents without legal counsel. Anything you say can—and will—be used against you in court.
2. Hire a Criminal Defense Attorney with Federal Experience
Federal cases are not the same as state-level offenses. You need an attorney who understands federal procedures, sentencing guidelines, and how to challenge federal evidence.
Our experienced Tampa, FL criminal defense lawyer can:
- Analyze the government’s case for weaknesses
- Explore whether the property actually belonged to the government
- Challenge whether you acted knowingly or willfully
- Negotiate for reduced charges or diversion programs where available
3. Preserve Any Documents and Evidence
Gather and preserve any paperwork, emails, or financial records related to the property in question. This may help prove that you:
- Were entitled to the property or benefits
- Lacked knowledge that you were breaking the law
- Were acting under mistaken guidance or with permission
4. Avoid Tampering with Evidence or Witnesses
Do not attempt to “fix” the issue by destroying documents, repaying funds without legal advice, or contacting other people involved. This could lead to additional charges, including obstruction of justice.
Possible Legal Defenses
Every case is unique, but common defenses under § 641 include:
- Lack of intent – You didn’t know the property belonged to the government or that you weren’t entitled to it.
- Authorization or misunderstanding – You were told or believed you had the right to use or keep the item.
- Mistaken identity – You’re not the person responsible for the alleged theft or misuse.
- Valuation dispute – The value of the property may be less than $1,000, reducing the charge to a misdemeanor.
Your attorney will assess the facts and build a defense strategy tailored to your case.
Call A Federal Criminal Defense Attorney Now
A charge under 18 U.S. Code § 641 can disrupt your life, reputation, and freedom. Whether the charge stems from a misunderstanding, an administrative error, or a lapse in judgment, you need strong legal representation as early as possible.
If you’ve been arrested, indicted, or contacted by federal agents, call our office today for a confidential consultation. We have experience defending clients in complex federal theft and fraud cases and will fight to protect your rights and your future.
Don’t wait for the government to build its case—start building your defense now.
