I have been contacted by the Feds regarding stolen store-issued gift cards from the mail by a mail carrier, many sent as Christmas and Birthday gifts. I am told that the aggregated amount stolen does not meet the federal minimum limits for federal prosecution. My first thought is Debit Card Abuse but the definition of Debit Card includes funds in a "financial institution". Unless these gift cards can be considered debit cards the case will end up as a misdemeanor theft. Any thoughts?

I think you're stuck with Misdemeanor theft. The gift cards are just goods worth a certain amount. It's the abuse of financial institutions as a part of the theft that makes a debit or credit card worthy of "felony" status.

Seems to me that a postal carrier is a public servant. If the gift cards total over $500 that should get you to a State Jail.

There is a federal offense: 18 U.S.C. 1709 (theft or tampering with mail by federal employee). Up to five years in a federal prison. Is the AUSA involved?

Janette A

Thanks for the thoughts. I was leaning the same way on the financial institution part of the statute but I needed the feedback. Yes this is a federal offense but just like felon in possession of a firearm the feds do not want it if the entire case does not meet certain minimum criteria that they set for themselves. The gift cards that were identified were less than $500 total, however, $1,300 worth of Netflix videos were also stolen over a 2 year period and the actor gave a full confession. The postal agent who called me told me that the amount of the loss was not enough for the federal prosecutors to take it. Go figure.