Theft of Government Funds

You may first learn that federal authorities are examining government funds when agents contact you, a subpoena arrives, or questions arise about payments your business or organization received. Lawyers at Newman Litigation defend individuals, executives, and business owners nationwide when an investigation or federal case involves alleged theft, embezzlement, or misuse of government money. 

The firm's Brooklyn, New York attorneys handle theft of government funds cases. They examine the government's allegations and the financial record behind them, then build the defense around what actually happened to the funds and why. If you are under investigation or have been charged, contact us to discuss your situation before making decisions that could affect your defense. 

Building the Defense Around the Government's Allegations

The firm's defense starts with identifying the conduct that prosecutors believe was unlawful and the federal statute they rely on. An allegation involving government money does not by itself establish theft, and the details of how the money was obtained, controlled, transferred, or spent can be central to the case. 

Federal theft of government property charges are commonly brought under 18 U.S.C. § 641. The statute reaches several forms of conduct involving federal money or property, including embezzling, stealing, purloining, or knowingly converting it. It can also apply to receiving, concealing, or retaining covered property while knowing it was unlawfully taken or converted. 

The firm's review focuses on the particular theory being asserted against you rather than treating every government funds allegation as the same offense. That distinction guides the evidence we examine and the issues we challenge as the case moves forward. 

Challenging the Government's Theory About the Funds

A key part of the firm's work may be testing whether the money or property at issue meets the requirements of the federal statute the government is using. Under Section 641, that can include whether the property belonged to the United States or a federal department or agency. 

Different questions arise when prosecutors rely on 18 U.S.C. § 666, which can apply to theft, fraud, conversion, or intentional misapplication by an agent of an organization or state, local, or tribal government receiving more than $10,000 in federal-program benefits during a one-year period. The alleged conduct must involve property worth at least $5,000 that is owned by or under the care, custody, or control of the organization or government. 

The firm examines the source and control of the funds, the client's relationship to the entity involved, and the government's basis for applying Section 641, Section 666, or another federal statute. That allows the firm to challenge the prosecution's theory against the requirements of the charge it has actually chosen. 

Using the Financial Record to Address Intent

Financial records often provide the context needed to challenge an allegation that a client knowingly stole, embezzled, or converted government property. The firm reviews transactions, account records, communications, agreements, payment documentation, and other evidence relevant to how the funds were received and used. 

Intent matters under both Section 641 and Section 666, although what the government must prove depends on the specific offense charged. An unexplained transaction or disputed use of funds does not eliminate that burden. 

The firm's government investigations and defense work allows its lawyers to examine the financial evidence alongside the client's explanation of the transactions. The firm's lawyers look for records and circumstances that bear on authorization, ownership, knowledge, purpose, and intent rather than allowing individual transactions to be considered without their surrounding context. 

Protecting Your Position Before Charges Are Filed

When the matter begins as an investigation rather than a criminal charge, the firm focuses on protecting your position before you respond to investigators or provide information. Early communications with federal authorities can become part of the government's case, making it important to understand what is being investigated before answering substantive questions. 

The firm can assess subpoenas and document requests, review materials before they are produced, prepare clients for interactions with investigators, and communicate with government attorneys or agents when appropriate. If the investigation involves extensive financial records, the firm works with clients to understand what those records show before they are presented to the government. 

At this stage, the objective is not to speculate about whether charges will follow. It is to make informed decisions while investigators gather evidence and develop their view of the case. 

Defending a Federal Theft of Government Funds Charge

If prosecutors file a criminal case, the firm's focus shifts to the government's evidence, the elements it must prove, and the defense available on the facts. The firm represents clients in federal criminal proceedings and prepares cases with the possibility of trial in mind. 

Under Section 641, the amount involved affects the potential classification and punishment. When the aggregate value of the property involved in the counts of conviction exceeds $1,000, the statute authorizes imprisonment of up to 10 years. If the aggregate value does not exceed $1,000, the offense carries a maximum imprisonment term of one year. A conviction under Section 666 can also carry a maximum prison term of 10 years. 

The amount alleged, however, is only one part of the case. The firm examines whether the government can prove the requirements of the statute charged, that the client committed the alleged conduct, and that the required intent existed. Where the evidence does not support the prosecution's theory, the firm identifies and develops those weaknesses as part of the defense. 

Addressing Other Consequences Tied to the Same Conduct

Government funds investigations do not always remain limited to a single theft allegation. Financial transactions, statements to investigators, or conduct involving other people can lead prosecutors to examine whether additional federal offenses are implicated. 

The firm's role is to assess the full scope of the government's case, not defend one count in isolation. Newman Litigation's federal criminal practice includes matters involving allegations such as wire fraud, healthcare fraud, and conspiracy, allowing it to address related allegations when they are part of the client's case. Where the allegations also create potential restitution, forfeiture, or civil exposure, we consider those consequences when evaluating the broader defense. 

That broader view matters when the same records or transactions form the basis for several investigative theories or criminal charges. 

Theft of Government Funds Attorneys Serving New York and Nationwide

Newman Litigation attorneys represent individuals and businesses in federal white-collar investigations and criminal proceedings, including cases involving alleged theft of government funds. Its practice includes federal criminal trials and representation during government investigations, allowing us to defend clients from the investigative stage through litigation when necessary. 

Based in Brooklyn, the firm represents clients in multiple jurisdictions throughout the United States. It approaches allegations involving government money by examining the financial record, the source and control of the funds, the client's intent, and the evidence supporting each charged offense. 

If federal investigators are examining your handling of government funds or you have already been charged, contact the firm's theft of government funds attorneys to discuss your defense.