1326
ElementsFifth Paragraph of 18 U.S.C. § 2314
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The elements of the offense contained in the fifth 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) any tool, implement, or thing used or fitted to be used in falsely
making,
forging, altering, or counterfeiting any security or tax stamp or any part
thereof.
This provision covers the tools and implements which can be used to
falsely make, forge, alter, or counterfeit securities or tax stamps. In
view of
the breadth of the provision as to counterfeiting instrumentalities, the
unlawful
intended use of the tool for counterfeiting purposes will obviously have to
be
proven.
[cited in Criminal Resource Manual 1311; USAM 9-61.200] | |