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Employee Theft

When Can Employee Theft Become a Federal Crime?

Employee theft is often handled as a state criminal matter, but certain circumstances can bring an alleged theft or fraud into federal court. The distinction may depend on the source of the money or property involved, the organization affected, the amount at issue, and whether electronic communications were used as part of an alleged scheme. A recent case involving a former Plymouth Public Schools food-services director illustrates how allegations involving an employee’s misuse of workplace property can result in federal charges.

According to the U.S. Attorney’s Office for the District of Massachusetts, Patrick Van Cott, the former Director of Food Services for Plymouth Public Schools, was charged in April 2026 with one count of theft concerning programs receiving federal funds and two counts of wire fraud. Prosecutors alleged that, beginning in approximately 2014, Van Cott took food and commercial kitchen equipment purchased with school funds, including money connected to the U.S. Department of Agriculture, and used the items in a private seasonal food business. The allegations included school-purchased refrigerators, a freezer, cooking equipment and food products. The government later reported that Van Cott pleaded guilty to the federal charges in May 2026.

One federal statute that can apply to employee theft involving federally funded programs is 18 U.S.C. § 666. The law addresses theft, embezzlement, fraud and unauthorized conversion of property belonging to, or under the care of, certain organizations or state and local governments that receive federal funding. Generally, the statute applies when an agent or employee of a qualifying organization intentionally misappropriates property worth at least $5,000 and the organization receives more than $10,000 in federal assistance annually. The maximum penalty can include up to 10 years in federal prison and a substantial fine.

Wire fraud can provide another basis for federal prosecution when electronic communications are used to further an alleged fraudulent scheme. Under 18 U.S.C. § 1343, prosecutors generally must establish a scheme to defraud, the required fraudulent intent, and the use of interstate wire communications to advance the scheme. The statute carries a potential sentence of up to 20 years in prison in an ordinary wire-fraud case, although the actual sentence depends on the circumstances and applicable federal sentencing law.

Employee theft investigations can involve much more than reviewing missing property. Investigators may examine purchase orders, invoices, payroll information, accounting records, emails, electronic transactions, business records and communications between employees and outside businesses. In cases involving government agencies or federally supported programs, federal agencies may also become involved. In the Plymouth case, the FBI, the USDA Office of Inspector General and local police participated in the investigation.

For an employee under investigation, the potential consequences can extend beyond the value of the allegedly misappropriated property. Federal charges may expose a defendant to imprisonment, fines, supervised release and other financial consequences. The government must still prove the charged offenses beyond a reasonable doubt, and the particular facts, intent, ownership of the property, federal funding connection and alleged use of electronic communications can all be important issues in a federal criminal case. Anyone facing an investigation or federal charges involving employee theft, embezzlement or fraud should speak with an experienced federal criminal defense attorney before making statements to investigators or taking other steps that could affect the case.

Experienced Criminal Defense Representation in Massachusetts

If you have been charged with a serious crime or believe you may be the target of a criminal investigation, obtaining experienced legal representation early can be critical. Attorney Francis T. O’Brien, Jr. brings more than 30 years of criminal defense experience to each case and has represented clients facing a wide range of state and federal criminal charges, including fraud and white-collar crimes, drug offenses, OUI and serious motor vehicle charges, assault, firearms offenses and other complex criminal matters.

Attorney O’Brien understands that every criminal case is different and requires a defense strategy tailored to the facts, the evidence and the individual circumstances of the client. Whether a case involves challenging the government’s evidence, constitutional and search-and-seizure issues, negotiating a resolution or preparing for trial, O’Brien Law Boston provides experienced representation focused on protecting the client’s rights and achieving the best possible outcome.

With offices in Boston and Hingham, O’Brien Law Boston represents individuals facing criminal charges throughout Massachusetts, including the South Shore and Greater Boston. If you have been arrested, charged with a crime, or are concerned that you are under investigation, contact O’Brien Law Boston to discuss your case. If you are under investigation or have been charged with a federal offense, obtaining experienced legal counsel early in the process can help protect your rights and ensure that the evidence and circumstances surrounding the incident are thoroughly examined. contact his office at 617-512-0939.

Filed Under: Federal Crimes Tagged With: Employee Theft

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To speak with a highly experienced Boston criminal lawyer, contact us online or telephone Francis T. O’Brien, Jr. at O’Brien Law Boston twenty four hours, seven days a week, toll free at 617-512-0939. As a member of the Massachusetts and Florida state bars and the federal bar in Massachusetts, Mr. O’Brien has also represented clients on criminal, state and federal matters in more than twenty states.

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