Elements First Paragraph of 18 U.S.C. § 2314
The elements of a violation of the offense described in the first
paragraph of 18 U.S.C. § 2314 are that the defendant: (1) unlawfully
transported or caused to be transported in interstate or foreign commerce;
goods, wares, merchandise, securities, or money having a value of $5,000 or
which are stolen, converted or taken by fraud; and (3) knowing the same to
stolen, converted or taken by fraud.|
The essence of this offense is transportation. The term
means contrary to law, i.e., the absence of lawful justification. For
a person voluntarily returning property stolen, converted, or taken by fraud
its lawful owner would not violate the statute. See Godwin v.
States, 687 F.2d 585 (2d Cir. 1985).
Section 2314 of Title 18 may be applicable to certain check kiting
schemes where a float has been created and the perpetrator is transporting
interstate or foreign commerce by means of securities (usually the
own checks) the funds which he has been taking by fraud from the banking
institution. See United States v. Flick, 516 F.2d 489 (7th
1975). The fact that he is using his own check to transport the bank's
does not preclude prosecution as the statute permits tracing where the form
the "stolen" property is changed. See this Manual
at 1317 for a discussion of "stolen" property.
[cited in USAM 9-61.200]