THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Embezzlement And Theft Of Public Money, Property Or Records (18 USC 641)

    1.    Government Must Prove That Defendant Knew That Thing Of 
           Value Was Something Which He Was Not Entitled To

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

1.    Government Must Prove That Defendant Knew That Thing Of Value Was Something Which He Was Not Entitled To

ALERT: Carefully review the Caveats and Disclaimers before using these materials.

    The government is required to prove beyond a reasonable doubt that the defendant knew that the thing of value which (he/she) supposedly converted was something to which (he/she) was not entitled and accordingly was wrongful; however, it is not necessary for the government to prove that the defendant had knowledge that the thing of value was owned by the government. In other words, although the government need not prove that the defendant knew that the things of value were property of the _________ (agency e.g., Environmental Protection Agency) the government must prove that the defendant knew that it was something to which (he/she) was not entitled.

United States v. Smith, 489 F.2d 1330 (7th Cir. 1973), cert. denied, 416 U.S. 994 (1974); United States v. Lamb, 150 F. Supp. 310 (N.D. Cal. 1957).

See also THE SHELLOW COLLECTION: Elements: Knowledge.

See NCJIC Chapter 47: Knowledge.

See NCJIC: Chapter 256: Mitigation Of Culpability By Mental Psychological, Medical And/Or Physical Impairment Of The Defendant.

See NCJIC Federal Model Instructions by Offense: 18 USC 641: Theft Of Government Money Or Property.