Federal Criminal Law 4 PDF

**EPO 1 Identify and apply the elements of 18 U.S.C. § 641 (Theft)** **Detailed Answer to EPO 1: Identify and Apply the Elements of 18 U.S.C. § 641 (Theft)** **Introduction: Overview of 18 U.S.C. § 641** Title 18 U.S.C. § 641 is a federal statute addressing crimes related to the theft, embezzleme...

**EPO 1 Identify and apply the elements of 18 U.S.C. § 641 (Theft)** **Detailed Answer to EPO 1: Identify and Apply the Elements of 18 U.S.C. § 641 (Theft)** **Introduction: Overview of 18 U.S.C. § 641** Title 18 U.S.C. § 641 is a federal statute addressing crimes related to the theft, embezzlement, conversion, and receipt of stolen property belonging to the United States government or its agencies. This statute consolidates several common-law crimes and applies specifically to government property, including records, money, and tangible items. Violations under § 641 are categorized based on the **value of the property**: - **Felony**: Value exceeds \$1,000 (punishable by up to 10 years of imprisonment and a \$250,000 fine). - **Misdemeanor**: Value is \$1,000 or less (punishable by up to 1 year of imprisonment and a \$100,000 fine). The statute ensures the government can prosecute individuals who intentionally deprive the United States of its property through theft or related misconduct. **1. Theft Under 18 U.S.C. § 641** **Definition** Theft is the **wrongful taking and carrying away of property** belonging to the United States with the intent to permanently deprive the government of its use or benefit. **Elements of Theft** To prove theft, the government must establish the following beyond a reasonable doubt: 1. The defendant voluntarily, intentionally, and knowingly committed the act. 2. The defendant stole property belonging to the United States or any of its agencies. 3. The defendant acted with the intent to deprive the United States of the use or benefit of the property. **Key Considerations** - **Specific Intent**: The defendant must have had the intent to deprive the government of the property at the time of the taking. - **Knowledge of Ownership**: The defendant does not need to know the property belonged to the U.S.; they only need to know they were taking something that wasn't theirs. - **Value Threshold**: If the property's value exceeds \$1,000, the theft is a felony; otherwise, it's a misdemeanor. **Example** A defendant takes a government-owned vehicle, repaints it, and keeps it for personal use. - **Intent**: The act of repainting demonstrates intent to deprive the government of the vehicle permanently. - **Value**: If the vehicle's value exceeds \$1,000, it qualifies as a felony theft under § 641. **2. Embezzlement Under 18 U.S.C. § 641** **Definition** Embezzlement occurs when someone in a **position of trust or authority** lawfully receives government property but later wrongfully takes or uses it for personal benefit. **Elements of Embezzlement** The government must prove: 1. The defendant voluntarily, intentionally, and knowingly acted. 2. The defendant **embezzled** property belonging to the United States or its agencies. 3. The defendant intended to deprive the government of the use or benefit of the property. **Key Differences from Theft** - In embezzlement, the defendant initially **lawfully acquires possession** of the property (e.g., through their job). - The wrongful taking occurs **after** the defendant gains possession. **Example** A postal employee pockets cash receipts instead of depositing them into a government account. - **Trust Relationship**: The employee was entrusted with the money through their job. - **Intent**: By keeping the money, they deprived the government of its use. **3. Conversion Under 18 U.S.C. § 641** **Definition** Conversion is the wrongful **use or abuse** of government property without requiring unlawful acquisition. It focuses on unauthorized usage, even if the defendant does not intend to keep the property permanently. **Elements of Conversion** The government must prove: 1. The defendant voluntarily, intentionally, and knowingly acted. 2. The defendant **converted** property belonging to the United States or its agencies. 3. The defendant intended to deprive the United States of the use or benefit of the property. **Example** An employee uses a government vehicle to run personal errands. - **Intent**: The unauthorized use for personal errands constitutes conversion, as it deprives the government of the vehicle\'s intended use. - **Key Difference**: The employee may not have intended to keep the vehicle, but unauthorized use suffices for conversion. **4. Receipt of Stolen Property Under 18 U.S.C. § 641** **Definition** This involves knowingly **receiving, buying, or possessing stolen, embezzled, or converted property** of the United States with the intent to deprive the government of its use or benefit. **Elements of Receipt of Stolen Property** The government must prove: 1. The defendant voluntarily, intentionally, and knowingly received the property. 2. The property was stolen, embezzled, or converted. 3. The defendant knew the property was stolen, embezzled, or converted. 4. The defendant intended to deprive the United States of its use or benefit. **Example** A friend purchases a stolen government laptop, knowing it was stolen. - **Knowledge**: The buyer knew the property was stolen. - **Intent**: Purchasing the laptop with knowledge of its stolen origin shows intent to deprive the government of its use. **5. Jurisdiction and Value Thresholds** **Ownership by the United States** The government must prove that the stolen, embezzled, converted, or received property belonged to the United States to establish federal jurisdiction. **Value of Property** - If the property value exceeds \$1,000: Felony (up to 10 years imprisonment). - If the value is \$1,000 or less: Misdemeanor (up to 1 year imprisonment). **Application of 18 U.S.C. § 641** This statute empowers federal authorities to address a range of property crimes against the government. It holds individuals accountable for intentional misconduct involving government property, whether through direct theft, misuse, or knowing receipt of stolen goods. Understanding and applying these distinctions ensures effective enforcement and prosecution under federal law. **EPO 2 Identify how many persons are needed to form a conspiracy** To form a conspiracy, **two or more persons** are required. These individuals must: 1. Be capable of forming the necessary criminal intent to agree to the objects of the conspiracy. 2. Exclude individuals such as undercover law enforcement officers, cooperating informants, minors, or mentally ill persons who lack the ability to form criminal intent. Key points include: - Co-conspirators do not need to meet or know each other\'s identities but must foresee or be aware of each other\'s roles in the conspiracy. - The conspiracy remains valid as long as there are at least two active members, even if the original members withdraw or are no longer involved. **EPO 3 Identify when knowledge and intent are sufficient to constitute a conspiracy.** Knowledge and intent are sufficient to constitute a conspiracy when the following conditions are met: 1. **Knowledge**: - The defendant knows of the conspiracy's existence and its overall purpose or plan. - The defendant does not need to know all the details of the plan, the identities of all co-conspirators, or their roles. - The defendant must be aware that at least one other person is involved in the conspiracy to make an agreement possible. 2. **Intent**: - The defendant voluntarily joins the conspiracy, intending to participate and help it succeed. - Awareness or approval of the conspiracy's plan alone is insufficient for prosecution; there must be evidence of the defendant's intent to actively participate. - Intent can be established through circumstantial evidence, such as: - The defendant\'s relationship with other conspirators. - The length of the association with conspirators. - The defendant's attitude, conduct, and actions. - Acts by the defendant that furthered the objectives of the conspiracy, which strongly indicate knowing and willing participation. Thus, both knowledge of the conspiracy and intent to participate in its success are necessary and proven through direct or circumstantial evidence. **EPO 4 Identify an agreement and its functions according to the provisions of Title 18 U.S.C. § 371** Under Title 18 U.S.C. § 371, an **agreement** serves as the essence of a conspiracy and has the following characteristics and functions: **Characteristics of an Agreement:** 1. **Mere Agreement is Criminal**: - The agreement to violate the law or defraud the United States becomes criminal once a co-conspirator commits an overt act to further the agreement. 2. **Informality of Agreement**: - No formal, written, or oral agreement is required. - Agreements are often established through circumstantial evidence showing a mutual understanding. 3. **Participation**: - A defendant's association with conspirators and acts in concert with them can demonstrate their agreement. - Mere presence at the scene or incidental assistance does not automatically imply agreement. 4. **Exclusion**: - Those who unknowingly assist or aid the conspiracy without intent, such as renting property without knowledge of illegal activities, are not part of the agreement. **Functions of the Agreement:** 1. **Defines the Conspiracy**: - The agreement is the foundation of the conspiracy, creating the basis for criminal liability. 2. **Establishes Mutual Purpose**: - Demonstrates a shared intention among co-conspirators to achieve an unlawful objective or defraud the United States. 3. **Triggers Criminal Liability with an Overt Act**: - Once any co-conspirator takes an action to further the agreement, the conspiracy charge is complete. 4. **Supports Prosecution**: - Provides grounds for demonstrating the existence of a conspiracy and its objectives, whether the intent is to commit a crime or defraud, impede, impair, or obstruct U.S. government functions. 5. **Circumvents Impossibility Defense**: - Even if the ultimate goal of the conspiracy is factually impossible (e.g., attempting to harm a deceased individual), the agreement and an overt act render the conspiracy prosecutable. In summary, the agreement under Title 18 U.S.C. § 371 is a cornerstone of conspiracy law, linking participants through shared intent and establishing criminal liability upon furtherance of the agreement **EPO 5 Identify the function of an overt act in the crime of conspiracy.** The function of an **overt act** in the crime of conspiracy is to transition the conspiracy from mere agreement or intent into action, demonstrating that the conspirators are actively working toward their unlawful objective. Here are its specific functions: 1. **Moves from Thought to Action**: - An overt act shows that the conspiracy is no longer just an idea or agreement but has progressed toward execution. 2. **Confirms Pursuit of the Agreement**: - It provides evidence that the conspirators are actively pursuing the agreed-upon goal and that the conspiracy is not dormant. 3. **Completes the Crime of Conspiracy**: - The overt act finalizes the offense of conspiracy for all members, regardless of whether they directly committed the act. 4. **Applies to All Members**: - A single overt act by any member of the conspiracy completes the crime for all participants, even for those who joined the conspiracy after the act was committed. 5. **Does Not Have to Be Criminal**: - The overt act may be preparatory or incidental (e.g., purchasing ski masks or renting a car for use in a crime). - The substantive offense itself (e.g., the bank robbery) can also serve as the overt act if no other preparatory acts occur beforehand. 6. **Must Occur After the Agreement**: - Only acts committed after the conspirators have made their agreement can qualify as an overt act; actions taken before the agreement are not relevant for this purpose. In summary, the overt act serves as a tangible indication that conspirators are taking deliberate steps to carry out their unlawful objective, thereby solidifying their intent and establishing the actionable nature of the conspiracy. **EPO 6 Identify the limits of the withdrawer\'s or late joiner\'s criminal liability.** The limits of a **withdrawer\'s** or **late joiner\'s** criminal liability in a conspiracy are as follows: **1. Late Joiners to a Conspiracy** - A late joiner becomes criminally liable for the conspiracy upon joining, even if they do not commit an overt act themselves. - **Liable for**: - The conspiracy as it exists when they join. - Any **reasonably foreseeable acts** committed by co-conspirators after they have joined. - **Not Liable for**: - Acts or crimes committed by co-conspirators **prior to their joining** the conspiracy. - **Important Note**: - Although prior acts are inadmissible to impose liability on the late joiner, they can be presented as evidence to show the existence and scope of the conspiracy. **2. Withdrawal from a Conspiracy** - Withdrawal requires **affirmative action** that demonstrates the individual has abandoned the goals of the conspiracy. Two requirements must be met: 1. Perform an act inconsistent with the conspiracy\'s objectives. 2. Communicate the withdrawal to at least one other conspirator or law enforcement. - **Liable for**: 1. The conspiracy and any criminal acts committed **while they were a member**. - **Not Liable for**: 1. Crimes committed by the conspiracy **after a valid withdrawal**. - **Statute of Limitations**: 1. For the withdrawing conspirator, the statute of limitations begins on the date of withdrawal. - **Effect on the Conspiracy**: 1. Withdrawal of one member does not dissolve the conspiracy unless it reduces the group to fewer than two individuals (the legal minimum for a conspiracy). **Key Takeaways** - **Late joiners**: Liable for acts after they join but not prior. - **Withdrawers**: Liable for acts during membership but not subsequent acts, provided withdrawal is valid and properly communicated. - Both scenarios limit liability based on timing (joining or leaving) and the individual\'s actions relative to the conspiracy\'s ongoing activities. **EPO 7 Identify the penalties that may be imposed pursuant to selected provisions of 18 U.S.C. §1028, the False Identification Crime Control Act of 1982** **eFLETC CBT.** **Penalties Imposed Under 18 U.S.C. § 1028 (False Identification Crime Control Act of 1982)** The **False Identification Crime Control Act of 1982** codified in **18 U.S.C. § 1028** criminalizes activities related to the production, possession, and use of false identification documents and authentication features. The penalties depend on the specific offense and its circumstances. **Key Offenses and Penalties:** **1. Producing, Transferring, or Possessing False Identification Documents** - **Offense**: - Knowingly producing, transferring, or possessing false identification documents or authentication features with intent to defraud the United States or facilitate unlawful activity. - **Penalties**: - Up to **15 years** imprisonment. - Fines as determined under Title 18. - Forfeiture of any materials used in the offense. **2. Using False Identification to Commit Federal Crimes** - **Offense**: - Using or possessing false identification documents to commit or facilitate a federal crime or a state felony. - **Penalties**: - Up to **20 years** imprisonment. - Fines as determined under Title 18. **3. Aggravated Identity Theft (18 U.S.C. § 1028A)** - **Offense**: - Knowingly transferring, possessing, or using another person's identity without lawful authority during the commission of certain federal crimes. - **Penalties**: - **Mandatory 2 years** imprisonment, consecutive to the sentence for the underlying offense. **4. Production or Use in Connection with Terrorism** - **Offense**: - Producing or using false identification documents in furtherance of acts of terrorism. - **Penalties**: - Up to **30 years** imprisonment. - Fines as determined under Title 18. **5. Possession with Intent to Use False Identification** - **Offense**: - Possessing a false identification document with intent to use it unlawfully. - **Penalties**: - Up to **5 years** imprisonment. - Fines as determined under Title 18. **6. Possession of Document-Making Equipment** - **Offense**: - Possessing equipment or materials for producing false identification documents with intent to defraud. - **Penalties**: - Up to **15 years** imprisonment. - Fines as determined under Title 18. **7. Unauthorized Possession of an Identification Document Issued to Another Person** - **Offense**: - Possessing identification documents issued to another person with intent to defraud. - **Penalties**: - Up to **1 year** imprisonment if no other federal crime is facilitated. - Higher penalties may apply if tied to further unlawful activities. **Forfeiture Provisions** Under § 1028, individuals convicted of these offenses may also face forfeiture of: - Any materials or equipment used to produce false identification documents. - Any proceeds derived from the criminal activity. **Civil Penalties** In addition to criminal penalties, individuals or entities found violating § 1028 may face: - Civil fines. - Injunctive relief to prevent further violations. **Factors Influencing Penalties** - **Nature of the Crime**: Terrorism or use in major federal crimes increases penalties significantly. - **Number of Documents**: Large-scale operations involving multiple documents or individuals often result in higher sentences. - **Criminal Intent**: Actions taken to defraud the United States or commit felonies carry stricter penalties. **Summary** The **False Identification Crime Control Act of 1982** enforces severe penalties, ranging from **1 year to 30 years imprisonment**, depending on the offense. The law provides enhanced penalties for identity theft, terrorism-related offenses, and large-scale fraudulent activities, reflecting its critical role in combating fraud, terrorism, and other crimes leveraging false identification. **EPO 8 Identify and apply selected offenses under 18 U.S.C. §1028, the False Identification Crime Control Act of 1982.** **eFLETC CBT.** **elected Offenses Under 18 U.S.C. § 1028 (False Identification Crime Control Act of 1982)** The **False Identification Crime Control Act of 1982** codified in **18 U.S.C. § 1028** criminalizes various activities involving the creation, possession, and use of false identification documents and authentication features. Below are the key offenses and their application: **1. Production, Transfer, or Possession of False Identification Documents** - **Offense**: - Knowingly producing, transferring, or possessing a false identification document, document-making equipment, or authentication features. - **Application**: - This applies to counterfeit or altered documents like driver\'s licenses, passports, and Social Security cards. - Example: A defendant manufactures fake IDs to sell to underage individuals for access to restricted venues. **2. Use of False Identification in Connection with Federal or State Crimes** - **Offense**: - Using or possessing false identification documents to commit or facilitate: - Federal crimes. - State felonies. - **Application**: - Example: A person uses a fake ID to open a bank account for laundering money tied to a federal drug trafficking scheme. **3. Unauthorized Possession of Another Person's Identification** - **Offense**: - Knowingly possessing an identification document issued to another person without lawful authority. - **Application**: - Example: A defendant found with a stolen government-issued ID card that does not belong to them and uses it to impersonate the individual. **4. Aggravated Identity Theft (18 U.S.C. § 1028A)** - **Offense**: - Knowingly transferring, possessing, or using another person's identity without lawful authority during the commission of certain federal crimes (e.g., mail fraud, wire fraud, or bank fraud). - **Application**: - Example: A fraudster uses another individual's Social Security number to file fraudulent tax returns and claim refunds. **5. Use of False Identification in Terrorism-Related Activities** - **Offense**: - Producing, transferring, or possessing false identification documents for use in acts of terrorism. - **Application**: - Example: A terrorist cell creates fake passports to allow members to travel internationally undetected. **6. Possession of Document-Making Equipment** - **Offense**: - Possessing equipment or materials designed for creating false identification documents with intent to defraud. - **Application**: - Example: A defendant has a printer and holographic materials to produce counterfeit driver's licenses. **7. Trafficking in False Identification Documents** - **Offense**: - Knowingly transferring false identification documents with intent to defraud. - **Application**: - Example: Selling forged IDs for illegal immigrants to secure employment. **8. Fraudulent Use of Authentication Features** - **Offense**: - Misusing or altering official authentication features, such as seals, holograms, or electronic chips, to create fraudulent identification documents. - **Application**: - Example: A defendant alters a government seal on a passport to make it appear valid. **Penalties for Violations** Penalties for offenses under **18 U.S.C. § 1028** vary depending on the severity of the crime: 1. **Basic Violations**: Up to **15 years** imprisonment and fines. 2. **Offenses Related to Federal Crimes or State Felonies**: Up to **20 years** imprisonment. 3. **Terrorism-Related Offenses**: Up to **30 years** imprisonment. 4. **Aggravated Identity Theft**: Mandatory **2 years** imprisonment consecutive to other sentences. **Summary of Application** Offenses under **18 U.S.C. § 1028** target a broad spectrum of illegal activities involving false identification. These laws apply in various scenarios, including fraud, identity theft, terrorism, and document trafficking, and serve as powerful tools for federal prosecutors to combat identity-related crimes. **EPO 9 Identify when a person may be prosecuted for assisting another in the commission of a crime, in accordance with Title 18 U.S.C. §§ 2-4.** A person may be prosecuted for assisting another in the commission of a crime under **Title 18 U.S.C. §§ 2-4** in the following circumstances: **1. Aiding and Abetting (18 U.S.C. § 2(a))** A person can be prosecuted for aiding and abetting if they: - **Knowingly associate** with the criminal activity. - **Participate** in the criminal activity in a way that contributes to its success. - Perform an **affirmative act** of assistance, either before or during the commission of the crime. **Key Points:** - The person does not have to be present when the crime is committed. - Merely being present or associated with the principal is not sufficient for liability. - Deliberate avoidance of knowledge ("willful blindness") may establish liability. - Aiding and abetting requires the crime to have actually occurred, even if the principal is not convicted or identified. **2. Causing the Commission of a Crime (18 U.S.C. § 2(b))** A person can be prosecuted if they: - **Willfully cause** another individual to commit a federal crime. - Directly or indirectly use another person as a tool to carry out the offense. **Key Points:** - The defendant does not need to know the identity of the person who committed the crime. - It is not necessary for the defendant to be physically present during the crime. - The crime must have been committed, but the principal does not need to be convicted. **3. Accessory After the Fact (18 U.S.C. § 3)** A person can be prosecuted as an accessory after the fact if they: - Have **knowledge** that a crime has been committed. - **Receive, relieve, comfort, or assist** the offender with the intent to hinder or prevent their apprehension, trial, or punishment. **Key Points:** - Silence alone does not constitute being an accessory; there must be an affirmative act. - Lying to or misleading law enforcement can establish liability. - Accessory after the fact applies to completed crimes. **Punishment:** - The penalty is capped at **half the maximum punishment** for the principal offense, up to 15 years if the principal could face life imprisonment or the death penalty. **4. Misprision of Felony (18 U.S.C. § 4)** A person can be prosecuted for misprision of felony if they: - Have **knowledge** of a felony. - Take **affirmative steps to conceal** the crime. - **Fail to disclose** the crime to authorities as soon as possible. **Key Points:** - Silence alone is not sufficient; there must be active concealment. - Misprision does not require intent to assist the principal, only an act of concealment. - The penalty is up to **3 years imprisonment** and a **\$250,000 fine**. **Summary** - Aiding and abetting applies to participation before or during the commission of a crime. - Causing a crime applies to those who use others to commit an offense. - Accessory after the fact applies to those assisting after a crime is committed. - Misprision of felony applies to those concealing a crime without reporting it. **EPO 10 Identify and apply the elements of the Mail Fraud statute, Title 18 U.S.C. § 1341 and the Wire Fraud Statute, Title 18 U.S.C. § 1343.** **Elements and Application of the Mail Fraud Statute (18 U.S.C. § 1341)** **Elements of Mail Fraud:** 1. **Intention**: - The defendant must intentionally devise or participate in a scheme to defraud. 2. **Fraudulent Scheme**: - A fraudulent scheme involves presenting falsehoods as truth to obtain something of value under false pretenses. 3. **Use of Mail**: - The defendant uses or causes the U.S. Mail or a private/commercial interstate carrier to be used. 4. **In Furtherance of the Scheme**: - The mailing must further or support the fraudulent scheme. **Application of the Mail Fraud Statute:** - **Chargeable Counts**: - Each use of the mail in furtherance of the scheme is a separate offense. - Example: A fraudulent order form mailed by a defendant is one count; the goods shipped in response to the order is another count. - **Foreseeability**: - The defendant does not need to personally use the mail; it suffices that use of the mail was **reasonably foreseeable**. - **Intrastate Use of Mail**: - Mail fraud can involve mailings within the same state (e.g., mailing from Manhattan to Brooklyn). - **Lulling Letters**: - Mailings sent after the fraud\'s completion to lull victims into a false sense of security are chargeable under § 1341. **Elements and Application of the Wire Fraud Statute (18 U.S.C. § 1343)** **Elements of Wire Fraud:** 1. **Intention**: - The defendant must intentionally devise or participate in a scheme to defraud. 2. **Fraudulent Scheme**: - Same as the Mail Fraud statute. 3. **Interstate Wire Transmission**: - The defendant uses or causes an interstate wire transmission (telephone, internet, television, etc.) in furtherance of the scheme. 4. **In Furtherance of the Scheme**: - The transmission must further or support the fraudulent scheme. **Application of the Wire Fraud Statute:** - **Interstate Communication Required**: - The communication must cross state lines (e.g., an out-of-state phone call or internet transaction). - **Foreseeability**: - The defendant does not need to personally place the call or send the transmission; it suffices that the use of interstate communication was **reasonably foreseeable**. - **Examples**: - Fraudulent telemarketing schemes. - Internet-based scams like \"pump and dump\" stock schemes. - Wire transfers of fraudulently obtained funds. **Key Differences Between Mail and Wire Fraud:** 1. **Method of Communication**: - Mail Fraud (§ 1341): Involves the use of postal services or private carriers. - Wire Fraud (§ 1343): Involves electronic transmissions crossing state lines. 2. **Geographical Scope**: - Mail Fraud: Can be intrastate. - Wire Fraud: Must involve interstate or foreign communication. **Practical Application:** Federal prosecutors and investigators use these statutes to combat a wide range of fraud schemes, including: - **Bribes and Kickbacks**: Using mail or wire communication to solicit or receive illicit payments. - **Consumer Fraud**: Schemes involving false advertising or fraudulent sales. - **Business and Government Fraud**: False claims or applications submitted using mail or wire transmissions. - **Private Fraud**: Exploiting personal relationships to defraud individuals and using mail or wires in the process. Both statutes are versatile tools for addressing and prosecuting fraud in various contexts. **EPO 11 Identify and apply the elements of the National Stolen Property Act, Title 18 U.S.C. Section 2314.** **Elements and Application of the National Stolen Property Act (Title 18 U.S.C. § 2314)** **Elements of Interstate Transportation of Stolen Goods:** To prosecute under the first provision of § 2314, the government must prove: 1. **Transportation in Interstate or Foreign Commerce**: - The stolen, converted, or fraudulently obtained goods must cross state lines or be transported internationally. - Intrastate (within a single state) transportation does not satisfy this requirement. 2. **Value of \$5,000 or More**: - The property transported must meet or exceed the value threshold of \$5,000. - Value is defined by face, par, or market value, whichever is greater. - In cases without a clear market, courts may use the \"thieves\' market\" price to establish value. 3. **Knowledge of the Property\'s Origin**: - The defendant must know the property was stolen, converted, or obtained by fraud. - The government does not need to prove the defendant foresaw the interstate transportation of the stolen goods. **Application of the Interstate Transportation of Stolen Goods Provision:** - **Methods of Transport**: - The statute applies regardless of how the property is transported (e.g., by the defendant personally, by courier, or by mail). - **Concurrent Charges**: - ITSP can be charged alongside mail fraud (§ 1341) or wire fraud (§ 1343) when the elements of each statute are independently met. - **Foreign Commerce**: - ITSP covers goods stolen internationally and transported into or out of the United States, even if they do not cross state lines once in the U.S. - **Aggregation**: - The government can aggregate the value of multiple shipments to reach the \$5,000 threshold if there is a relationship between the shipments. **Additional Provisions of ITSP:** 1. **Travel Fraud**: - **Elements**: - Inducing or causing a victim to travel interstate or internationally in furtherance of a fraud. - The fraud must involve money or property valued at \$5,000 or more. - **Application**: - The government does not need to prove the victim parted with money or property---only that they were induced to travel. 2. **Transportation of Falsely Made, Altered, or Counterfeit Securities**: - **Elements**: - Transporting in interstate or foreign commerce securities or tax stamps that are falsely made, forged, altered, or counterfeited. - Knowledge that the securities were falsified. - Intent to defraud. - **Application**: - Securities include checks, stock certificates, and money orders but exclude forged endorsements. - Each transportation act is a separate offense. **Venue for ITSP Charges:** - ITSP violations can be prosecuted in: - The district where the transportation begins. - Any district the goods pass through. - The district where the transportation ends. - Generally, charges are filed at the beginning or ending points for efficiency and clarity. **Summary of Application:** The **National Stolen Property Act** allows federal prosecution of crimes involving interstate or international transportation of stolen, converted, or fraudulently obtained property or securities. Its scope is broad, targeting defendants who knowingly handle stolen property or induce victims into fraudulent activities crossing state or national borders. This statute ensures robust federal jurisdiction over theft and fraud schemes transcending state lines.