Burns Chronicles No 18
Outpost of Freedom
April 4, 2016
Count 5 of the Superseding Indictment reads:
(Theft of Government Property)
(18 U.S.C. § 641)
On or about January 15, 2016, in the District of Oregon, defendants JON RITZHEIMER and RYAN BUNDY, willfully and knowingly, did steal, purloin, and convert to their use and the use of another cameras and related equipment, the value of which exceeded $1000, which is property of the United States government, in violation of Title 18, United States Code, Section 641.
The Statute cited is:
18 U.S.C. § 641: Public money, property or records
Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof; or
Whoever receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted –
It is important to understand what the government has charged Jon Ritzheimer and Ryan Bundy with. It may be clear from the Statute that the requisite for it to be a crime is “to convert it to his use or gain.” So, to be sure that we are looking in the right direction, here are a few definitions from Black’s Law Dictionary, Fifth Edition:
Steal. The term is commonly used in indictments for larceny (“take, steal, and carry away”), and denotes the commission of theft, that is, the felonious taking and carrying away of the personal property of another, and without leave or consent of owner, and with the intent to keep or make use wrongfully.
Stolen. Acquired or possessed, as a result of some wrongful or dishonest act of taking, whereby a person willfully obtains or retains possession of property which belongs to another, without or beyond any permission given, with the intent to deprive the owner of the benefit of ownership (or possession) permanently.
Theft. A popular name for larceny. The taking of property without owner’s consent. The fraudulent taking of personal properly belonging to another, from his possession, for from the possession of some person holding the same for him, without his consent, with intent to deprive the owner of the value of the same, and to appropriate it to the use or benefit of the person talking it.
Larceny. A rather lengthy description, with the significant element being “felonious intent“.
So the taking of the property must be for keeping, depriving the owner of the benefit of ownership, and must be felonious in intent. Continue reading ‘Burns Chronicles No 18 – 1984’ »