Theft by Conversion

For a federal agency to sustain a claim of theft by conversion against a federal employee, the agency must establish by preponderant evidence that:

1. The employee assumed and exercised control over the goods or property of another (something of value)
2. Without authorization by the owner. [1]

The MSPB concludes that any unauthorized act which deprives an owner of her property permanently for an indefinite time is unethical and will likely be considered conversion should all of the above elements be met.

The actual intent to permanently deprive another of his or her property is not a required element of this offense, as it is defined statutorily. However, where an agency fails to prove elements of conversion, due process requires that the federal employee be allowed to respond to the charge. When elements have been met, the MSPB states that statutory conversion is relatively easy to prove, and defenses are limited.  Specifically, the MSPB sates that an employee’s motive does not negate a criminal intent.

The MSPB states that a conversion charge is considered even more serious if the items misused implicate the privacy rights of others. The MSPB does however require that if a federal agency is aware that conversation may exist, the agency must mitigate the situation to successfully claim damages for the harm created.

The federal employee attorneys at Melville Johnson, P.C. are highly experienced in MSPB matters such as conversion, and are willing and able to assist you in your federal employment legal matters. Call or message us today to discuss your claim and learn how we can assist you.

[1] Mann  v. DHHS, 78 MSPR 1 (1998).