“The only criminal provision I can imagine
might apply is 18 U.S.C 641,” national security attorney
Bradley P. Moss told Law&Crime in an email–referring to a statute concerned with public money, reports and records.
The text of that statute reads, in relevant part:
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 [shall be punished in accordance with the statute]
The statute is concerned with the “face, par, or market value, or cost price, either wholesale or retail,” value of whatever is determined to have been stolen. Penalties for stealing something worth $1,000 or less are punishable by a fine or up to one year behind bars. If the “value” of the stolen item exceeds that amount, however, a person convicted under the statute could face 10 years in prison.
“Even if that could apply as a technical matter, I remain skeptical DOJ would actually rely upon it here absent additional information, such as exchanges of money,” Moss explained.