If you’re facing charges related to the sale or receipt of stolen goods under 18 USC Section 2315, securing professional legal counsel should be your top priority. While this FAQ provides broad information, every case is unique, and a skilled attorney can help tailor a defense specifically for you. The federal crimes lawyers at The Law Offices of Jonathan F. Marshall have the expertise you need. Contact us today at (877) 534-7338 or online to discuss your case and explore your options. Don’t wait; your future is at stake.
Navigating the complexities of federal law can be daunting, particularly when it comes to understanding the specific laws that govern criminal behavior related to stolen property. One such law that stands as a cornerstone in federal criminal legislation is 18 USC Section 2315. This statute outlines the legal ramifications of dealing with securities, moneys, stolen goods, or fake State tax stamps. If you are facing charges or are curious about what constitutes a federal offense in this domain, it is crucial to familiarize yourself with this law.
What The Statute Covers
18 USC Section 2315 outlines four main areas concerning the handling of stolen property:
Receiving Or Selling Stolen Property Across State Or U.S. Boundaries
The statute targets individuals who knowingly possess, conceal, store, barter, sell, or dispose of stolen goods, securities, or money valued at $5,000 or more that have crossed State or U.S. boundaries. It also covers those who pledge or accept such items as a loan security, given their value is $500 or more.
Handling Forged Or Counterfeit Securities And Tax Stamps
The law penalizes anyone knowingly dealing with forged, altered, or fraudulently made securities or tax stamps, particularly if these items are part of interstate or foreign commerce.
Tools For Forgery And Counterfeiting
Another aspect covered by the statute involves individuals who knowingly handle any tool or implement used in the forging, altering, or counterfeiting of any security or tax stamp as part of interstate or foreign commerce.
Veterans’ Memorial Objects
The law also incorporates penalties for anyone knowingly handling taken, stolen, or unlawfully converted veterans’ memorial objects that have crossed State or U.S. boundaries.
Penalties
The penalties for violating 18 USC Section 2315 are severe. The typical punishment is a fine, imprisonment for up to ten years, or both. However, specific conditions apply for certain types of offenses:
- For offenses involving pre-retail medical products, the penalties are the same as those outlined in 18 USC Section 670, unless the punishment under Section 2315 is more severe.
- For offenses involving veterans’ memorial objects valued at less than $1,000 in aggregate, the penalty is a fine or imprisonment for up to one year, or both.
Exceptions To The Rule
Importantly, the statute includes certain exceptions:
- It does not apply to any falsely made representation of an obligation or other security of the United States or of a foreign government.
- It excludes from its purview any falsely made representation of a bank note or bill issued by a foreign bank intended to circulate as money.
Defenses To Charges Under 18 USC Section 2315: Sale Or Receipt Of Stolen Goods
Lack Of Knowledge
A fundamental requirement for conviction under 18 USC Section 2315 is that the defendant must “knowingly” possess, sell, or dispose of stolen items. One defense may be to challenge this knowledge requirement. If you can show that you were unaware that the goods were stolen, this may negate a key element of the charge.
Value Of Stolen Goods
The statute specifies certain value thresholds that stolen goods must meet for prosecution. For goods, wares, or merchandise to fall under this statute, they must be of the value of $5,000 or more. Alternatively, if you’re charged with pledging or accepting these as a loan security, their value must be $500 or more. Challenging the asserted value of the stolen items might remove your case from the statute’s purview.
Interstate Requirement
18 USC Section 2315 applies to stolen items that have crossed a State or United States boundary. If you can establish that the items in question did not move across state lines or international borders, this may provide a viable defense.
Forgery And Counterfeit Exceptions
For charges related to forged or counterfeited securities and tax stamps, the statute explicitly excludes certain types of financial instruments. Specifically, it does not apply to any falsely made representation of an obligation or security of the United States or of a foreign government. Establishing that the items fall under these exceptions can be a defense.
Frequently Asked Questions About 18 USC Section 2315: Sale Or Receipt Of Stolen Goods
What Does 18 USC Section 2315 Cover?
This federal statute makes it illegal to knowingly receive, possess, or sell stolen goods, securities, or money with a value of $5,000 or more that have crossed State or U.S. boundaries. It also targets those who deal with forged or counterfeited securities or tax stamps, as well as tools used for forgery.
What Are The Penalties For Violating 18 USC Section 2315?
Violating this statute can result in a fine, imprisonment for up to ten years, or both. Specific conditions apply for certain offenses, such as dealing with veterans’ memorial objects or pre-retail medical products.
What Does ‘Knowingly’ Mean In This Context?
‘Knowingly’ means that you must be aware that the items are taken, stolen, or unlawfully converted. The prosecution must prove this knowledge for a conviction.
Is It Necessary For The Stolen Goods To Cross State Lines?
Yes, the law applies to items that have crossed a State or U.S. boundary. If the goods haven’t crossed these lines, this statute may not apply.
Are There Any Exceptions To This Law?
Yes, the law does not apply to any falsely made representation of an obligation or other security of the United States or a foreign government. It also excludes certain types of foreign bank notes intended to circulate as money.
Can I Be Charged If I Pledged Stolen Goods As Security For A Loan?
Yes, if the items used as a loan security have a value of $500 or more and have crossed state or U.S. boundaries, you can be charged under this statute.
What If The Items Are Valued At Less Than $5,000?
The statute specifies that the items must be valued at $5,000 or more to fall under its provisions. If the items are valued at less, this federal statute may not apply.
Federal Stolen Property Charge Lawyers
If you have further questions or find yourself facing federal charges related to the sale or receipt of stolen goods under 18 USC Section 2315, it’s crucial to consult an experienced theft attorney. The Law Offices of Jonathan F. Marshall focuses in various aspects of federal criminal law, and we can provide the professional representation you need. Don’t hesitate; your freedom and reputation are too important to leave to chance. Contact us today at (877) 534-7338 or reach out to us online for a confidential consultation.
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