5th Cir. Pattern Jury Instr. (Criminal) 2.27

18 U.S.C. § 641 (FIRST PARAGRAPH)

Title 18, United States Code, Section 641 (first paragraph), makes it a crime for anyone to

embezzle [steal] [knowingly convert to his [her] use or the use of another] any money, property,

or thing of value belonging to the United States having an aggregate value of more than $1,000.

For you to find the defendant guilty of this crime, you must be convinced that the

government has proved each of the following beyond a reasonable doubt:

First: That the money [property] [thing of value] described in the indictment belonged to

the United States government;

Second: That the defendant embezzled [stole] [knowingly converted] such money

[property] [thing of value] to the defendant’s own use [to the use of another];

Third: That the defendant did so knowing the money [property] [thing of value] was not

his [hers] and with intent to deprive the owner of the use [benefit] of the money [property] [thing

of value]; and

Fourth: That such property then had a value in excess of $1,000.

The word “value” means the face, par, market value, or cost price, either wholesale or

retail, whichever is greater, of all such things of value that you find the defendant has embezzled

[stolen] [knowingly converted].

It is not necessary to prove that the defendant knew that the United States government

owned the property at the time of the wrongful taking.

To “embezzle” means to wrongfully, intentionally take money, property, or thing of value

of another after the money, property, or thing of value that has lawfully come within the possession

or control of the person taking it. [However, the defendant cannot be found guilty if he [she]

believes that the property has been abandoned by the government.]

[To “steal” or “knowingly convert” means to wrongfully take money, property, or thing of

value belonging to another with intent to deprive the owner of its use or benefit either temporarily

or permanently. Any appreciable change of the location of the property with the intent to deprive

constitutes a stealing whether or not there is an actual removal of it from the owner’s premises.]

No particular type of movement or carrying away is required to constitute a taking.