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Date: 10-03-2024
Case Style:
United States of America v. Tammy Garrison
Case Number: 5:24-CR-32
Judge: Jodi W. Dishman
Court: United States District Court for the Western District of Oklahoma (Oklahoma County)
Plaintiff's Attorney: United States District Attorney’s Office in Oklahoma City
Defendant's Attorney:
Description:
Oklahoma City, Oklahoma criminal defense lawyer represented the Defendant charged with theft of government money in violation of 18 U.S.C. 631.
Theft of government money is a federal felony under 18 U.S.C. § 641, which covers the theft of government property, money, or records:
Penalties
The penalty for theft of government money is a fine, imprisonment of up to 10 years, or both. If the value of the property is $1,000 or less, the penalty is a fine, imprisonment of up to one year, or both.
Elements of the crime
The government must prove that the United States had title to, possession of, or control over the funds. The property belongs to the United States even if it is in the possession of a third party.
Examples of theft
Examples of theft include embezzlement, stealing, purloining, or knowingly converting the property to one's own use. It also includes selling, conveying, or disposing of the property without authority.
Embezzlement
Embezzlement is a common scenario in 18 U.S.C. § 641 prosecutions. It is distinct from larceny or other forms of theft because the physical taking of the property is often lawful.
Restitution
As part of restitution, the government may attempt to take property that was purchased with stolen funds.
Outcome: Defendant is placed on probation for a term of 5 years, with 6 months to be served on home detention with location monitoring; Restitution due in the amount of $148,916.09 due immediately; and a $100 Special Assessment due immediately.
Plaintiff's Experts:
Defendant's Experts:
Comments: