Theft or bribery concerning programs receiving Federal funds
January 01, 1970
Theft or bribery concerning programs receiving federal funds (sometimes referred to as program fraud or program bribery) is a federal crime under 18 U.S.C. § 666. The purpose of this statute is protect the integrity of the vast sums of money distributed through federal programs. The section is designed to facilitate the prosecution of persons who steal money or otherwise divert property or services from state and local governments or private organizations—for example, universities, foundations and business corporations—that receive large amounts of federal funds.[1]
Subsection (a)(1)(A) of Section 666 prohibits the embezzlement, stealing, obtaining by fraud or otherwise unauthorized conversion to the use of any person other than the rightful owner or the intentional misapplication of property having a value of $5,000 or more by an agent, typically an employee, of an organization or of a state, local or Indian tribal government agency that receives $10,000 or more annually in federal assistance. The maximum penalty is imprisonment for 10 years and a fine of the greater of $100,000 or twice the amount obtained in violation of the section.[1]
Subsection (a)(1)(B) prohibits such agents and employees from soliciting or accepting bribes and gratuities in connection with any business transaction involving $5,000 or more.
Subsection (a)(2) prohibits anyone from offering bribes and gratuities in connection with any business transaction involving $5,000 or more.
18 U.S.C § 666 was enacted in 1984.[3] The legislative history of the statute indicates that Congress intended to eliminate a gap in the criminal statutes which made it more difficult to prosecute theft from federally funded programs:[4]
In many cases, such [Sec. 641] prosecution is impossible because title has passed to the recipient before the property is stolen, or the funds are so commingled that the Federal character of the funds cannot be shown. This situation gives rise to a serious gap in the law, since even though title to the monies may have passed, the Federal Government clearly retains a strong interest in assuring the integrity of such program funds. Indeed, a recurring problem in this area (as well as in the related area of bribery of the administrators of such funds) has been that state and local prosecutors are often unwilling to commit their limited resources to pursue such thefts, deeming the United States the principal party aggrieved.[5]
Under prior law, with few exceptions, thefts from such governments or organizations could be prosecuted only under the general theft statute, 18 U.S.C. § 641 (which covers theft of U.S. government property), or the statute prohibiting theft of funds under the Comprehensive Employment and Training Act (CETA), 18 U.S.C. § 665. Use of the general theft statute was often precluded because either the title to the property stolen had passed from the federal government before it was stolen or the funds were so commingled that their federal character could not be shown.
Consequently, Congress created a separate offense under 18 U.S.C. § 666 to ensure the integrity of federal program funds administered through private organizations and state, local, or Indian tribal government agencies and to fill an apparent gap in the law that neither 18 U.S.C. § 641 nor § 665 could reach.[1]
Referencesedit
^ abc"Criminal Resource Manual 1002: Theft and Bribery in Federally Funded Programs". United States Attorneys' Manual. Retrieved 15 August 2012.
^"18 U.S. Code § 201 - Bribery of public officials and witnesses". Legal Information Institute. Retrieved 17 May 2022.
^Act of Oct. 12, 1984, Pub. L. No. 98-473, tit. II, § 1104(a), 98 Stat. 2143 (codified as amended at 18 U.S.C. § 666).
^"Criminal Resource Manual 1003: Legislative History—18 U.S.C. § 666". United States Attorneys' Manual. Retrieved 15 August 2012.
theft, bribery, concerning, programs, receiving, federal, funds, theft, bribery, concerning, programs, receiving, federal, funds, sometimes, referred, program, fraud, program, bribery, federal, crime, under, purpose, this, statute, protect, integrity, vast, su. Theft or bribery concerning programs receiving federal funds sometimes referred to as program fraud or program bribery is a federal crime under 18 U S C 666 The purpose of this statute is protect the integrity of the vast sums of money distributed through federal programs The section is designed to facilitate the prosecution of persons who steal money or otherwise divert property or services from state and local governments or private organizations for example universities foundations and business corporations that receive large amounts of federal funds 1 Contents 1 Definition of offense 2 Bribery 3 Legislative history and purpose 4 References 5 External linksDefinition of offense editSubsection a 1 A of Section 666 prohibits the embezzlement stealing obtaining by fraud or otherwise unauthorized conversion to the use of any person other than the rightful owner or the intentional misapplication of property having a value of 5 000 or more by an agent typically an employee of an organization or of a state local or Indian tribal government agency that receives 10 000 or more annually in federal assistance The maximum penalty is imprisonment for 10 years and a fine of the greater of 100 000 or twice the amount obtained in violation of the section 1 Subsection a 1 B prohibits such agents and employees from soliciting or accepting bribes and gratuities in connection with any business transaction involving 5 000 or more Subsection a 2 prohibits anyone from offering bribes and gratuities in connection with any business transaction involving 5 000 or more Bribery editIn the US federal criminal code bribery by public officials is defined in Title 18 of the United States Code 201 2 Legislative history and purpose edit18 U S C 666 was enacted in 1984 3 The legislative history of the statute indicates that Congress intended to eliminate a gap in the criminal statutes which made it more difficult to prosecute theft from federally funded programs 4 In many cases such Sec 641 prosecution is impossible because title has passed to the recipient before the property is stolen or the funds are so commingled that the Federal character of the funds cannot be shown This situation gives rise to a serious gap in the law since even though title to the monies may have passed the Federal Government clearly retains a strong interest in assuring the integrity of such program funds Indeed a recurring problem in this area as well as in the related area of bribery of the administrators of such funds has been that state and local prosecutors are often unwilling to commit their limited resources to pursue such thefts deeming the United States the principal party aggrieved 5 Under prior law with few exceptions thefts from such governments or organizations could be prosecuted only under the general theft statute 18 U S C 641 which covers theft of U S government property or the statute prohibiting theft of funds under the Comprehensive Employment and Training Act CETA 18 U S C 665 Use of the general theft statute was often precluded because either the title to the property stolen had passed from the federal government before it was stolen or the funds were so commingled that their federal character could not be shown Consequently Congress created a separate offense under 18 U S C 666 to ensure the integrity of federal program funds administered through private organizations and state local or Indian tribal government agencies and to fill an apparent gap in the law that neither 18 U S C 641 nor 665 could reach 1 References edit a b c Criminal Resource Manual 1002 Theft and Bribery in Federally Funded Programs United States Attorneys Manual Retrieved 15 August 2012 18 U S Code 201 Bribery of public officials and witnesses Legal Information Institute Retrieved 17 May 2022 Act of Oct 12 1984 Pub L No 98 473 tit II 1104 a 98 Stat 2143 codified as amended at 18 U S C 666 Criminal Resource Manual 1003 Legislative History 18 U S C 666 United States Attorneys Manual Retrieved 15 August 2012 S Rep No 225 98th Cong 1st Sess 369 reprinted in 1984 USCCAN 369 External links editUSAM Chapter 9 46 000 Program Fraud and Bribery nbsp This article incorporates public domain material from Justice Manual United States Department of Justice Retrieved from https en wikipedia org w index php title Theft or bribery concerning programs receiving Federal funds amp oldid 1149581417, wikipedia, wiki, book, books, library,
