1308
Motor Vehicle and Aircraft TheftVenue
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Prosecutions brought under the Dyer Act should normally be
instituted in the district into which the stolen motor vehicle was last
brought. However, in regard to ring cases the prosecution, in accordance
with the provisions of 18 U.S.C. § 3237, may be initiated in the
judicial district in which the motor vehicle was stolen, transported
through, or last brought depending upon the facts of the case. In ring
cases, the United States Attorney exercising jurisdiction should contact
the other United States Attorneys who might have jurisdiction and advise
them of his or her action.
With reference to individuals involved in non-ring cases who by
definition are considered to be recidivists (see USAM 9-61.113), if the theft occurred in
the place of the residence of a recidivist and local authorities in both
the place of apprehension and the place of theft will not institute
local charges, Federal proceedings, if any, should be instituted at the
place of the theft. Before instituting any prosecution of any such
recidivist (i.e., non-ring participant), an effort must be made to
persuade local authorities in both the jurisdiction of the theft and
apprehension to institute local prosecution. In connection with such
effort, local authorities should be notified of the provisions of 18
U.S.C. § 5001 (see this Manual at
1312), which authorizes the return of youthful motor vehicle
theft offenders to the place where the offense was committed at Federal
expense when certain conditions have been met.
Prosecution under 18 U.S.C. § 2313 (receiving, possessing,
concealing, selling, etc.) can be instituted only in the district in
which those violations occur.
[updated May 1999] [cited in USAM 9-61.100] | |