National Stolen Property Act"Stolen" --
-- "Taken by Fraud"
The phrase "stolen, converted, or taken by fraud" is intended to
all forms of theft offenses regardless of whether such "taking" was in the
of common law larceny, an embezzlement, or false pretenses. United
Lyda, 279 F.2d 461 (5th Cir. 1960). See also United States v.
Turley, 352 U.S. 407 (1957) (under 18 U.S.C. § 2312); and Bell
United States, 462 U.S. 356 (1983) (under 18 U.S.C. § 2113). The
covers the felonious taking or conversion of another's property right in the
particular object. Hence, the phrase covers any deprivation of one's title.
United States v. Zepin, 533 F.2d 279 (5th Cir. 1976). There must be
deprivation of an existing property right, so the movement of one's own
of state to avoid general creditors would not constitute such a taking.
See United States v. Carman, 577 F.2d 556 (9th Cir. 1978).|
Although a forged endorsement may not constitute a violation of the
third paragraph of 18 U.S.C. § 2314, a false endorsement of a security
the value of $5,000 or more would make the security "converted or taken by
within the meaning of the first paragraph of 18 U.S.C. §§ 2314 and
See United States v. Tyson, 690 F.2d 9 (1st Cir. 1982).
also this Manual at 1319.
The property must retain its stolen character during the
under 18 U.S.C. § 2314 or the receipt, possession, concealment,
bartering, selling, disposing of, pledging, or accepting as a security for a
under 18 U.S.C. § 2315. Full recovery by the owner or his agents,
law enforcement officials, will terminate the stolen character. On the
hand, if the stolen property is not in their sole possession and is only
their "surveillance," the stolen character remains. See United
v. Muzii, 676 F.2d 919 (2d Cir. 1982); United States v. Dove, 629
325 (4th Cir. 1980). However, in the Violent Crime and Law Enforcement Act
1994, Pub. Law 103-322, Congress enacted a provision, now codified at 18
§ 21, which provides that for purposes of title 18, whenever it is an
of an offense that property was stolen and defendant knew of its stolen
character, such element can be established as a result of an "official
representation" of its stolen character.
[cited in Criminal Resource Manual 1322; Criminal Resource Manual 1336; Criminal Resource Manual 1377; USAM 9-61.200]