NEW JERSEY CRIMINAL LAWYERS

NJ Theft of Government Property Attorneys

Protecting Yourself Against Theft of Government Property Charges

Theft of government property is a severe crime that carries a large prison sentence, with many cases centering on healthcare fraud related to Tricare, Medicaid, and Medicare or fraudulent acts during military or construction contracts. Private business agents and government employees are also subject to prosecution under federal law if they steal or embezzle funds from federal programs. There is no denying that stealing or embezzling government property is a crime, so it is crucial to have a strong defense in place if you ever find yourself facing charges.

Two primary federal laws make stealing government property illegal. The first specifies that anyone who embezzles or knowingly steals government property will go to prison for up to ten years. In addition, retaining or receiving stolen goods carries similar penalties, as long as the accused knew they were stolen property. A punishment of one year’s maximum imprisonment instead of ten years occurs when the worth of the government property stolen was less than $1,000.

The second law states that individuals involved with private companies doing work for federal programs and government workers may be prosecuted for embezzlement or theft of funds from those projects. It serves as a reminder that even though such work might be carried out through private entities, it must retain its integrity without exceptions.

Defining Embezzlement

Embezzlement was first defined by the US Supreme Court in 1895. It consists of fraudulently stealing property that an individual was assigned to safeguard. If prosecutors need to convict an individual accused of embezzlement successfully, they must prove six specific elements:

-Firstly, there must be evidence showing that there was a legal financial relationship between the defendant and the government.
-Secondly, the stolen item should be classified as government property.
-Thirdly, the current owner or previous owner belonging was/has been linked to US authority.
-Fourthly, the defendant obtained possession of the property through their employment connection.
-Fifthly, that individual fraudulently employed the valuables for their gain.
-Sixthly, that same individual planned to deprive the government of its use and beneficial ownership of the property.

It is critical to note that an intention permanently to take an item is not a prerequisite for embezzlement. Even returning stolen property does not absolve individuals accused of the crime.

Defining Theft

Federal statutes specify that it is illegal to purloin or steal government property; however, these words are not official and lack common-law definitions. Instead, reference is made to related crimes that do not fall within traditional definitions of larceny rules.

In federal common law, larceny comprises taking another person’s goods without permission and intent to deprive them permanently. Hence theft can be defined as unlawfully acquiring any item owned by the government. Several cases prosecuted in this context involve submitting false information/claims to receive federal benefits from different programs when you’re ineligible. Government officials who abuse their authority and contracts secured through fraudulent means may also fall foul under these regulations.

When It Is Stealing?

These types of offenses are typically complicated in how they are applied because sometimes even if there was no malicious intent present initially, events have exposed individuals or corporations responsible for safeguarding those assets, thereby highlighting past omissions or non-compliance. As such, prosecutors often file other charges alongside those brought for infringing specific regulations like healthcare fraud or negligent record-keeping for which False Claims Act frequently applies. These additional charges tend to be more specialized and relate directly to what kind of wrongdoing has taken place – this type of process underlines how crucial it is to work with an experienced defense attorney when faced with such allegations.

The defense gets developed mostly based on individual case circumstances’ unique nature since each case tends to involve slightly different nuances. Since trials like these typically involve complex legal jargon compounded by unique functional peculiarities particular to a specific industry, it makes sense to work with an experienced attorney who can help you navigate each step of the way, bolstering your chances of obtaining a favorable outcome.