1324
ElementsThird Paragraph of 18 U.S.C. § 2314
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The elements of the offense contained in the third paragraph of 18
U.S.C. § 2314 are that the defendant: (1) with unlawful or fraudulent
intent;
(2) transported or caused to be transported in interstate or foreign
commerce;
(3) a falsely made, forged, altered, or counterfeit security or tax stamps;
(4)
knowing the same to have been falsely made, forged, altered, or
counterfeited.
A forged security does not have to be actually forged before the
security crosses a state boundary provided that the forging takes place
before
the completion of the interstate journey. See McElroy v. United
States, 455 U.S. 642 (1982). In most cases the defendant by negotiating
the
security will cause the receiver to send the security back to the issuer for
collection. If the issuer is out of state, the defendant has caused its
interstate transportation. See Pereira v. United States, 347
U.S.
1 (1954); 18 U.S.C. § 2(b). The defendant does not have to know of the
interstate transportation as that is only a jurisdictional element.
See
United States v. Ludwig, 523 F.2d 705 (8th Cir. 1975). See
also
United States v. Feola, 420 U.S. 671 (1975).
When a perpetrator transports several counterfeit or forged
securities
at the same time he commits only one offense. See United States
v.
Squires, 581 F.2d 408 (4th Cir. 1978). However, when he negotiates a
forged
check at each of three different merchants, he commits three separate
offenses.
Amer v. United States, 367 F.2d 803 (8th Cir. 1966). On the other
hand,
if he negotiates three forged checks at the same time, he commits only one
offense as it is presumed that the forged securities entered the stream of
commerce together. See Cabbell v. United States, 636 F.2d 246
(8th
Cir. 1980).
[cited in Criminal Resource Manual 1318; USAM 9-61.200] | |