11th Cir. Pattern Jury Instr. (Criminal) O21

18 U.S.C. § 641 (First Paragraph)

It’s a Federal crime to [embezzle] [steal] [convert] any money or property

belonging to the United States and worth more than $1,000.

The Defendant can be found guilty of this crime only if all the following

facts are proved beyond a reasonable doubt:

(1) the money or property described in the indictment belonged to the

United States;

(2) the Defendant [embezzled] [stole] [knowingly converted] the

money or property to his own use or to someone else’s use;

(3) the Defendant knowingly and willfully intended to deprive the

owner of the use or benefit of the money or property; and

(4) the money or property had a value greater than $1,000.

The word “value” means the greater of (1) the face, par, or market value, or

(2) the price, whether wholesale or retail.

It doesn’t matter whether the Defendant knew that the United States owned

the property. But it must be proved beyond a reasonable doubt that the United

States did in fact own the money or property, that the Defendant knowingly

[embezzled] [stole] [converted] it, and that the value was greater than $1,000.

[To “embezzle” means to wrongfully or intentionally take someone else’s

money or property after lawfully taking possession or control of it.]

[To “steal” or “convert” means to wrongfully or intentionally take the

money or property belonging to someone else with the intent to deprive the owner

of its use or benefit permanently or temporarily.]

A “taking” doesn’t have to be any particular type of movement or carrying

away. But any appreciable and intentional change in the property’s location is a

taking, even if the property isn’t removed from the owner’s premises.