1321
National Stolen Property ActExceptions and the
Proviso Clause
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In the last paragraph of both 18 U.S.C. §§ 2314 and 2315,
there
is a proviso clause that makes these sections inapplicable to certain
falsely
made, forged, altered, or counterfeit securities. Although the language of
the
proviso clause is confusing, its legislative intent is clear. In enacting
in
1939 what is now the third and fifth paragraphs of 18 U.S.C. § 2314 and
the
second and third paragraphs of 18 U.S.C. §§ 2315, Congress
intended
to
exclude from the coverage of these provisions those securities already
protected
by existing federal counterfeit laws. These securities are all governmental
or
quasi-governmental in nature. They include all securities and obligations
issued
by the United States government. See, e.g., 18 U.S.C. §§
471,
472, 500; see United States v. Galardi, 476 F.2d 1072 (9th
Cir.
1973). They also include those foreign securities covered originally by the
Act
of May 16, 1884, (Ch. 52, 23 Stat. 22). See United States v.
Arjona, 120 U.S. 479 (1887). These provisions are now codified in 18
U.S.C.
§§ 478, 479, 480, 481, 482 and 483. Checks, money orders, and
other
securities issued by foreign banks or corporations which are not intended to
circulate as currency are within the reach of 18 U.S.C. §§ 2314
and
2315.
See United States v. Burger, 728 F.2d 140 (2d. Cir. 1984);
United States v. Noe, 634 F.2d 860 (5th Cir. 1981); United States
v.
Ortiz, 444 F. Supp. 81 (W.D.Tex. 1977).
[cited in Criminal Resource Manual 1319; USAM 9-61.200] | |