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Stolen Goods

Sale or Receipt of Stolen Goods - 18 U.S. Code § 2315

It is a crime in every state to "fence" stolen goods-that is, to receive/store and sell merchandise you know to be stolen, even if you didn't steal them yourself.

However, when such a transaction involves the crossing of state or international boundaries or otherwise involves interstate commerce, it becomes a federal crime. This offense is embodied in Title 18 U.S. Code 2315. If you are convicted of this crime, you could face up to 10 years in prison.

Sale or Receipt of Stolen Goods - 18 U.S. Code § 2315
Selling, or receiving stolen goods, securities, or money when it involves crossing state lines is a federal offense.

18 U.S.C. 2315, sale or receipt of stolen goods, securities, money, or fraudulent state tax stamps says -

"Whoever receives, possesses, conceals, stores, barters, sells, or disposes of any goods, wares, merchandise, securities, or money of the value of $5,000 or more, or pledges or accepts as security for a loan any goods wares, or merchandise, or securities, of the value of $500 or more, which have crossed a State or United States boundary after being stolen, unlawfully converted, or taken, knowing the same to have been stolen, unlawfully converted, or taken; or

Whoever receives, possesses, conceals, stores, barters, sells, or disposes of any falsely made, forged, altered, counterfeited securities or tax stamps, or pledges or accepts as security for a loan any falsely made, forged, altered, counterfeited securities or tax stamps, moving as, or which are a part of, or which constitute interstate or foreign commerce, knowing the same to have been so falsely made, forged, altered, or counterfeited; or

Whoever receives in interstate or foreign commerce or conceals, stores, barters, sells, or disposes of any tool, implement, or thing used or intended to be used in falsely making, forging, altering, or counterfeiting any security or tax stamp, or any part thereof, moving as, or which is a part of, or which constitutes interstate or foreign commerce, knowing that the same is fitted to be used, or has been used, in falsely making, forging, altering, or counterfeiting any security or tax stamp, or any part thereof; or

'Whoever receives, possesses, conceals, stores, barters, sells, or disposes of any veterans' memorial object which has crossed a State or United States boundary after being stolen, unlawfully converted, or taken, knowing the same to have been stolen, unlawfully converted, or taken…."

Overview of the Law

Under 18 U.S.C. 2215, it is a federal offense to receive, possess, conceal, store, barter, sell, or dispose of stolen goods, securities, or money valued at $5,000 or more, as long as the individual knows these items were stolen, unlawfully converted, or taken.

This statute specifically applies in cases where these goods have traveled across state or U.S. boundaries, making them part of interstate or foreign commerce. For instance, if stolen goods are sold online and shipped to another state, this would be considered interstate commerce.

The statute also extends to items such as forged securities or tax stamps and tools or equipment intended for counterfeiting. Additionally, special attention is given to certain categories of items, such as veterans' memorial objects, adding a layer of seriousness when these offenses involve grave markers, headstones, or monuments.

What are the Key Elements of the Crime?

Successfully prosecuting a case under 18 U.S.C. 2315 requires federal prosecutors to establish several critical elements beyond a reasonable doubt:

  • Receipt or Possession of Stolen Goods: Prosecutors must prove that you received, possessed, concealed, stored, bartered, sold, or otherwise handled stolen property.
  • Value Threshold: The statute requires that the stolen items have a value of at least $5,000 (or $500 if the stolen property is accepted as security for a loan). This monetary threshold limits federal prosecutions to cases involving substantial property crimes.
  • Interstate or Foreign Commerce: For federal jurisdiction to apply, the property must have crossed state lines or been part of interstate or international commerce after being stolen.
  • Knowledge of Theft: A key component of this crime is that you must have known that the goods were stolen, unlawfully converted, or taken. The mere possession or receipt of goods unknowingly obtained from a stolen source does not meet the statutory requirement.

What are Related Federal Laws?

18 U.S. Code Chapter 113 Part I, stolen property, has several related federal laws, including the following:

  • 18 U.S.C. 2311 - Definitions.
  • 18 U.S.C. 2312 - Transportation of stolen vehicles.
  • 18 U.S.C. 2313 - Sale or receipt of stolen vehicles.
  • 18 U.S.C. 2314 - Transportation of stolen goods, securities, money, fraudulent State tax stamps, or articles used in counterfeiting.
  • 18 U.S.C. 2315 - Sale or receipt of stolen goods, securities, money, or fraudulent State tax stamps.
  • 18 U.S.C. 2316 - Transportation of livestock.
  • 18 U.S.C. 2317 - Sale or receipt of livestock.
  • 18 U.S.C. 2318 - Trafficking in counterfeit labels, illicit labels, or counterfeit documentation or packaging.
  • 18 U.S.C. 2319 - Criminal infringement of a copyright.
  • 18 U.S.C. 2319A - Unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances.
  • 18 U.S.C. 2319B - Unauthorized recording of Motion pictures in a Motion picture exhibition facility.
  • 18 U.S.C. 2319C - Illicit digital transmission services.
  • 18 U.S.C. 2320 - Trafficking in counterfeit goods or services.
  • 18 U.S.C. 2321 - Trafficking in certain motor vehicles or motor vehicle parts.
  • 18 U.S.C. 2322 - Chop shops.
  • 18 U.S.C. 2323 - Forfeiture, destruction, and restitution.

What are the Penalties for Violating 18 U.S.C. 2315?

A conviction under this statute carries potentially severe consequences. If the offense involves stolen goods, securities, or money valued at $5,000 or more, the penalties may include:

  • A maximum fine of $250,000 and
  • Up to 10 years imprisonment in federal custody.

Suppose the stolen items include certain specialized categories, such as veterans' memorial objects whose aggregated value is less than $1,000. In that case, the penalties are less severe, with imprisonment of up to one year or lesser fines.

Additionally, if the offense involves certain items, like pre-retail medical products, penalties may align with related statutes, potentially overlapping with harsher sentencing provisions. This highlights the need for caution and understanding of the law to avoid unintended consequences.

What are the Common Defenses to the Charge?

If you are accused of receiving or fencing stolen goods at the federal level, an experienced federal criminal defense attorney may implement several defense strategies to challenge the charges. These may include, but are not limited to:

  • Lack of Knowledge: For a conviction, the prosecution must prove that you knew the goods were stolen. If you were unaware of their origin or believed them to be lawfully obtained, you are not guilty under this statute.
  • Disputing the Valuation: If your attorney can show that the estimated value of the stolen property is under the $5,000 threshold, this could potentially lead to reduced charges or dismissal altogether.
  • No Interstate or Foreign Commerce: If the government cannot establish that the items crossed state or national boundaries, the federal charge may fail, relegating the matter to state jurisdiction.
  • Unintentional Possession: If you were implicated in this crime without your knowledge or consent (e.g., unknowingly receiving items as part of a transaction or shipment), this can be a valid defense.
  • Duress or Coercion: Your attorney may show proof that you were forced to participate in the offense under imminent threat of harm to you and/or a loved one.
  • Entrapment: If law enforcement improperly enticed you into committing a crime you would not have otherwise committed, your attorney may claim entrapment. This defense alleges that you lacked criminal intent until authorities pressured you into the act. If backed by evidence, the charges against you will likely be dismissed.

For more information, contact Eisner Gorin LLP, a federal criminal defense law firm based in Los Angeles, California.

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