What is the Penalty for Stealing an Income Tax Check?
Stealing an Internal Revenue Service check is not taken kindly by Uncle Sam. Though technically the money is yours, until you cash it, the money and the check, are the property of the federal government. As such, if you steal the check, you are subject to the penalties set out in the U.S. Criminal Code. But it is not that straightforward. If you steal it from a mailbox, you can be charged with additional crimes, which have their own penalties.
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18 USC 641
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18 USC 641 is the section of the U.S. Code that deals with public money, property or records. According to this section, you cannot convert to your use, or someone else's use, a voucher or money of the United States or its agencies. You also can't transfer it to someone else. If you do, that person can also be charged if he hides, receives or retains it with the intent of converting it to his own use or gain.
Misconceptions
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Technically, just the act of taking the income tax check is sufficient to be charged under this act. You don't have to cash it, you just have to redirect it from its rightful owner. However, the code also requires that you do so with intent. In other words, if you are charged, the government will have to prove that, not only did you take or receive the check, but that you did so with the intent of converting it for your own gain. They must prove you planned to cash it and use the proceeds to benefit yourself.
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Penalties
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The penalties are determined by the value of the check. If the check is $1,000 or less, the penalty is a fine, of an unspecified amount, and/or one year in prison. If the refund check is more than $1,000, the penalty is an unspecified fine and/or 10 years in prison. Prison, in this instance, would be a federal penitentiary since this is a federal crime.
U.S. Mail
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If your check is stolen from a mailbox or a postal worker, you could face additional charges for stealing the U.S. mail. This again, is a federal charge and sentencing could be ordered to be served consecutively with the theft charge. This would extend your stay at a federal prison.
Penalties
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If you take the refund check from a mailbox or a postal worker or anything that contains mail, you are fined an unspecified amount and imprisoned for five years. Keep in mind, that if the person who steals the mail, gives the mail to someone else, that person is also eligible for the same penalties, unless they can prove that they didn't know the mail was stolen.
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References
- Photo Credit Image by Flickr.com, courtesy of S B
