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1311

National Stolen Property Act—General Overview

The definitions for the terms "money," "securities," "tax stamp," and "value" are set forth in 18 U.S.C. § 2311.

Section 2314 of Title 18, the "transportation" offense, consists of five different paragraphs. The first paragraph relates to the interstate or foreign transportation of the proceeds of a theft or a fraud where the proceeds have a value of $5,000 or more. The second paragraph relates to causing the interstate transportation of a victim to defraud the victim of $5,000 or more of money or property. The third paragraph relates to the interstate and foreign transportation of falsely made, forged, altered, or counterfeited securities or tax stamps. The fourth paragraph relates to the interstate or foreign transportation of a traveler's check bearing a forged countersignature. The fifth paragraph relates to the interstate or foreign transportation of the implements and tools used to falsely make, forge, alter, or counterfeit securities or tax stamps.

Section 2315 of Title 18, the receipt and "fencing" offense, consists of three different paragraphs. The first paragraph relates to the receipt and disposition of the proceeds of a theft or fraud having a value of $5,000 or more. It also prohibits the pledging or accepting as security for a loan such stolen property having a value of $500. The second paragraph contains similar elements as the first paragraph except it relates to falsely made, forged, altered, or counterfeited securities or tax stamps and does not require a stated monetary value. Likewise, the third paragraph is comparable to the second paragraph except that it relates to the tools or implements used to falsely make, forge, alter, or counterfeit securities or tax stamps. In 1986, the jurisdictional basis for the first two paragraphs of 18 U.S.C. § 2315 was modified and the offense of possession was added to both paragraphs.

In the last paragraph of both 18 U.S.C. § § 2314 and 2315, there is a "proviso" clause which exempts certain governmental securities from the scope of the sections. See this Manual at 1326. The counterfeiting and forging of state and corporate securities is also covered by 18 U.S.C. § 513 (Securities of the States and private entities). See USAM 9-61.500 et seq. There is no statutory requirement under 18 U.S.C. § 513 that such corporate and state securities be transported or have been transported in interstate or foreign commerce.

[cited in Criminal Resource Manual 1346; USAM 9-61.200]