Counterfeited and Forged State and Corporate
Section 513 of Title 18 covers the making, uttering, or possession
of any counterfeit or forged security. It covers not only marketable
securities, such as stocks, bonds, and debentures, but also includes
common securities, such as checks, money orders, and traveler's checks.
In addition, it includes other commercial instruments. In enacting 18
U.S.C. § 513 the Congress clearly intended to utilize the commerce
power to nearly its outer limit. Section 513 may prove effective in
prosecuting those traffickers in counterfeit and forged securities who
were previously difficult to reach under federal law because of some of
the elements in the counterfeit and forgery provisions of 18 U.S.C.
§ § 2314 and 2315.|
Congress was aware that it was expanding federal jurisdiction, but
found such expansion necessary and proper to protect this particularly
important aspect of interstate and foreign commerce. See S.Rep.
No. 225, 98th Cong., 2d Sess. 371. To understand the elements of 18
U.S.C. § 513, it may be beneficial to review the discussion of
comparable provisions in 18 U.S.C. §§ 2314 and 2315 found in
this Manual at 1311 to 1313.
It should be noted that 18 U.S.C. § 513 does not require proof
of certain elements required under 18 U.S.C. § § 2314 and
(e.g., there is no need to prove actual interstate transportation of the
security; and forged endorsement of a state or corporate check is
[cited in Criminal Resource Manual 1319; USAM 9-61.500]