The opinion of the court was delivered by: HANNUM
On November 18, 1982, defendant pled guilty to Count I of Information No. 82-00242 which charged him with a violation of 18 U.S.C. § 641. Also on November 18, 1982, defendant waived his right to a jury trial with respect to Count II of the Information. Count II charges defendant with violating 18 U.S.C. § 371 by allegedly conspiring to "steal, embezzle, purloin and convert checks drawn on the United States Treasury, in violation of 18 U.S.C. § 641."
Count II has been submitted to this Court on a case-stated basis by way of a stipulation of the statements of four witnesses, and two exhibits (Docket Entry No. 24). Both parties have submitted proposed findings of fact and conclusions of law (Docket Entry Nos. 33, 34, and 35).
The Court at this time notes that defendant Darryl D. Felder has placed his signature on Page 4 of the stipulation of testimony, along with the signatures of Peter F. Vaira, Esquire, United States Attorney; Samuel M. Forstein, Esquire, Assistant United States Attorney; and Stephen R. LaCheen, Esquire, counsel for defendant.
On the basis of the stipulation of testimony the Court hereby makes the following findings of fact:
1. Defendant Felder was employed at the United States Department of Treasury, Division of Disbursement, Bureau of Government Financial Operations, 5000 Wissahickon Avenue, Philadelphia, Pennsylvania, as a part-time Pre-Sorter of United States Treasury checks as of July 2, 1982, on which date he reported to work.
2. On July 2, 1982, William Hotz, a Special Agent with the United States Secret Service, conducted a videotaped surveillance of Defendant Darryl Felder during his working hours at the Bureau of Government Financial Operations. Robert L. Langdon, the Regional Disbursing Director, United States Department of Treasury, Division of Disbursement, Bureau of Governmental Financial Operations, observed Defendant Felder along with Special Agent Hotz during the videotaping.
3. At approximately 11:57 a.m., Defendant Felder was observed and videotaped as he removed a package of checks belonging to the United States Government from an already pre-sorted tray, placed the checks on a work table, looked around, and then bent down beneath the work table. Defendant then stood up, at which time the checks no longer were in sight.
4. Shortly thereafter, Hotz and Langdon observed defendant walk out the front door of the disbursing center.
5. Defendant Felder was not authorized or permitted to remove checks from the disbursing center.
6. When defendant left the facility, he was followed by Special Agent Hotz and David Benner, another Special Agent of the United States Secret Service.
7. Special Agent Hotz, accompanied by Special Agent Benner, watched Defendant Felder open the door of an automobile. The agents then approached and searched Defendant Felder. They found a bundle of 31 United States Treasury tax refund checks, secured by two rubber bands, on ...