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1328. Elements -- Second Paragraph Of 18 U.S.C. 2315

The elements of the offense for a violation of the second paragraph of former 18 U.S.C. § 2315 are that the defendant: (1) received, possessed, concealed, stored, bartered, sold, disposed of, or pledged or accepted as security or for a loan; (2) a falsely made, forged, altered, or counterfeit security or tax stamp; (3) which was moving as, or which was a part of, or which constitutes interstate or foreign commerce; (4) knowing same to have been so falsely made, forged, altered or counterfeited.

The fencing of certain counterfeited and forged securities may be prosecutable under 18 U.S.C. § 513. See USAM 9-61.500 et seq.

[cited in USAM 9-61.200]

Updated June 9, 2015