1322
Elements First Paragraph of 18 U.S.C. § 2314
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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;
(2)
goods, wares, merchandise, securities, or money having a value of $5,000 or
more
which are stolen, converted or taken by fraud; and (3) knowing the same to
be
stolen, converted or taken by fraud.
The essence of this offense is transportation. The term
"unlawfully"
means contrary to law, i.e., the absence of lawful justification. For
example,
a person voluntarily returning property stolen, converted, or taken by fraud
to
its lawful owner would not violate the statute. See Godwin v.
United
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
in
interstate or foreign commerce by means of securities (usually the
perpetrator's
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
Cir.
1975). The fact that he is using his own check to transport the bank's
funds
does not preclude prosecution as the statute permits tracing where the form
of
the "stolen" property is changed. See this Manual
at 1317 for a discussion of "stolen" property.
[cited in USAM 9-61.200] | |