Theft Of Government Records Prosecutions
1. Overview of Theft of Government Records
Theft of government records involves unlawfully taking, destroying, concealing, or otherwise disposing of records, documents, or files that belong to the government. These records can include anything from official reports, contracts, classified documents, to property records.
This crime disrupts governmental operations, affects legal and administrative processes, and is prosecuted under several federal statutes depending on the nature of the records.
2. Relevant Federal Statutes
18 U.S.C. § 641 – Theft of public money, property, or records.
18 U.S.C. § 2071 – Concealment, removal, or mutilation of government records.
18 U.S.C. § 793 – Gathering, transmitting or losing defense information (when theft involves classified documents).
18 U.S.C. § 1001 – False statements in government records (related but distinct offense).
18 U.S.C. § 1519 – Destruction or falsification of records in federal investigations.
3. Essential Elements
Prosecution generally requires proof that:
The defendant knowingly took, concealed, destroyed, or altered government property or records.
The property or records belonged to the United States government.
The defendant acted without authorization and with intent to deprive the government of the property or obstruct justice.
4. Case Law Analysis
🔹 Case 1: United States v. Allen (2001)
Facts:
Allen was found removing original land deed records from a county office without authorization.
Charges:
Theft of government records under 18 U.S.C. § 641.
Outcome:
Convicted; sentenced to 1 year and fined.
Significance:
Established that tangible documents essential to property rights are protected under § 641.
Emphasized that physical removal, even without damage, constitutes theft.
🔹 Case 2: United States v. Carson (2005)
Facts:
Carson, a federal employee, destroyed documents related to an internal investigation.
Charges:
Destruction of government records under 18 U.S.C. § 2071.
Outcome:
Convicted; sentenced to 3 years probation.
Significance:
Clarified that intentional destruction of government records—even without theft—is a federal crime.
Showed application of § 2071 to obstruction of governmental functions.
🔹 Case 3: United States v. Lopez (2009)
Facts:
Lopez was charged with stealing classified defense documents from a military base.
Charges:
Theft of defense information under 18 U.S.C. § 793.
Outcome:
Convicted; sentenced to 10 years.
Significance:
Highlighted enhanced penalties for theft involving national security.
Confirmed strict liability for unauthorized removal of classified government records.
🔹 Case 4: United States v. Martin (2012)
Facts:
Martin falsified government inspection records to cover up safety violations.
Charges:
False statements and falsification under 18 U.S.C. § 1001 and § 1519.
Outcome:
Convicted; sentenced to 5 years.
Significance:
Demonstrated prosecution of record falsification as a form of theft or obstruction.
Reinforced the government's interest in accurate record keeping.
🔹 Case 5: United States v. Harris (2016)
Facts:
Harris concealed government contract documents from investigators.
Charges:
Concealment and theft of government records under 18 U.S.C. §§ 641 and 1519.
Outcome:
Convicted; sentenced to 4 years.
Significance:
Showed that concealment with intent to obstruct an investigation is criminal.
Applied both theft and obstruction statutes concurrently.
🔹 Case 6: United States v. Brown (2019)
Facts:
Brown was caught attempting to sell stolen government property records on the black market.
Charges:
Theft and trafficking of government records under 18 U.S.C. § 641.
Outcome:
Convicted; sentenced to 6 years.
Significance:
Highlighted the commercial dimension of government record theft.
Courts impose harsher sentences when theft is part of a profit-driven scheme.
5. Key Legal Principles
| Principle | Explanation |
|---|---|
| Ownership and Custody | Records must be government property to qualify for prosecution. |
| Knowingly and Without Authorization | Defendant must act knowingly and without legal permission. |
| Intent to Deprive or Obstruct | Theft or concealment must be intentional to interfere with government functions. |
| Scope of Records | Includes physical and classified documents, contracts, and digital records. |
| Penalties Vary by Record Type | Theft of classified or national security records leads to enhanced penalties. |
6. Conclusion
Theft of government records is a serious federal crime impacting governance, security, and public trust. The law covers a wide range of actions including removal, destruction, concealment, and falsification. Courts carefully analyze intent, nature of the records, and impact on government operations when deciding cases and sentencing.
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