Theft of Government Money & VA Benefits Fraud in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state and federal court. Our office answers 24 hours a day.

Theft of Government Money or Property (§ 641)

Under Pattern Instr. O21 (Elements), the Government must prove:

1. The money or property belonged to the United States.
2. You embezzled, stole, or knowingly converted it to your own use or someone else's use.
3. You knowingly and willfully intended to deprive the owner of its use or benefit.
4. Its value was greater than $1,000.

The instruction explains that it does not matter whether you knew the United States owned the money, but the Government must prove it did. "Embezzle" means wrongfully taking money or property after lawfully coming into possession of it. "Steal" or "convert" means wrongfully taking it with intent to deprive the owner of its use, permanently or temporarily.

The statute also makes it a crime to receive, conceal, or keep government money or property, with intent to convert it, knowing it was embezzled, stolen, or converted.

Penalty: up to 10 years and a fine. If the total value, combining all counts of conviction in one case, is $1,000 or less, the maximum is 1 year. "Value" is the face, par, or market value, or the wholesale or retail cost price, whichever is greater. The fine for a felony can be up to $250,000, or up to twice the gross gain or loss.

Fraudulent Receipt of VA Benefits (38 U.S.C. § 6102(b))

Under O114 (Elements), the Government must prove you received money or a check without being entitled to it under the laws the VA administers, and you intended to defraud the United States. It does not have to prove the exact amount, but it must prove you knowingly received some substantial portion of the benefits. Penalty: up to 1 year and a fine. A related subsection covers a person whose right to payments ended and who then fraudulently accepts them, also up to 1 year.

Prosecutors may choose § 641 instead, with its higher maximum. See also False Claims & Major Fraud for false VA certifications.

Identity Theft Add-On

A felony § 641 charge is one of the crimes that can trigger aggravated identity theft (18 U.S.C. § 1028A), a mandatory 2 years in prison on top of the other sentence, if prosecutors say another person's means of identification was used. See Identity Theft.

Defense Themes

• Intent. Not knowing deposits kept coming, believing you were entitled, or a bank or agency error is different from intending to deprive the government.
• Who controlled the account and who spent the money.
• Value. The $1,000 line separates a felony from a misdemeanor.
• Ownership. Whether the funds were still federal money at the time.
• Repayment. Paying back does not erase a crime, but it can matter in how a case is resolved.

What to Do First

1. Don't sign statements or repayment admissions for agents without advice.
2. Gather the paperwork: benefit letters, bank statements, and notices you received.
3. Non-citizens: see Immigration Consequences.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

My mother's Social Security kept coming after she died, and I used it. Is that a crime?

It can be charged under § 641, but the Government must prove you knowingly and willfully intended to deprive the government of the money.

Is it a felony?

If the total value is over $1,000, yes, up to 10 years. At $1,000 or less, the maximum is 1 year.

Can I just pay it back?

Repayment is worth discussing with a lawyer first. It does not automatically end a criminal case.