18 U.S.C § 2314 - Interstate Transportation of Stolen Property
Under 18 U.S.C. § 2314, it is a crime to transport stolen goods across state lines if you know they are stolen. Additionally, related federal offenses, such as receiving, possessing, selling, concealing, or disposing of stolen property with knowledge that it is stolen, are punishable under 18 U.S.C. § 2315.
Federal criminal charges for transporting stolen goods involve moving items across state lines that are believed to be stolen and worth over $5,000.
These items can include goods, securities, or money. You must also have known at the time you received them that they were stolen, converted, or obtained through fraud.
Multiple federal law enforcement agencies, including the Federal Bureau of Investigation (FBI), the Office of Enforcement Operations (OEO), and the Department of Homeland Security (DHS), investigate theft-related crimes.
These cases are prosecuted by the United States Department of Justice (DOJ).
The most stressful part of any criminal charge is the uncertainty about what you're up against. In this guide from our federal criminal defense lawyers, we'll clarify the interstate transport statute, outline what to expect from the prosecutor, and discuss potential defense strategies.
Breaking Down Section 2314
18 U.S.C. § 2314 addresses the "transportation of stolen goods, securities, money, fraudulent state tax stamps, or items used in counterfeiting." Essentially, if you commit theft, it is usually prosecuted under state and local laws.
If what you've stolen is valued at $5000 or more and you cross state or international borders with it, your theft becomes a federal crime. Certainly, like many laws, there are further complications to account for. For example:
- Under the law, fraud is considered a type of theft, and there is no minimum amount involved in fraud cases. This means you can be arrested and convicted of fraud even if you haven't stolen a specific amount, such as $ 5,000.
- Internet activity is always considered to occur across state lines. Any theft involving computers is generally classified as interstate transportation of stolen property.
Together, these two parts of the law imply that if you send someone a fraudulent email that infects their computer with a virus, you could face legal charges.
What is the Legal Process?
Since 18 U.S. Code § 2314 covers multiple states, the FBI usually has investigative jurisdiction. However, the Office of Enforcement Operations (OEO) oversees cases.
Other federal agencies can also participate; for instance, in bank robbery cases, the FBI retains investigative authority, but the Criminal Division's Organized Crime and Gang section supervises the case.
Likewise, when stolen property crosses international borders, agencies such as the Department of Homeland Security or the Department of Defense may participate in investigations and legal actions.
Federal prosecutors handle the investigation and prosecution of organized crime cases involving the interstate transfer of stolen property.
In these exceptional cases, the federal government will take over the case instead of local law enforcement.
Examples include situations where a stolen vehicle is used to commit a separate felony and then sent to a foreign country, or when the stolen item is a commercial vehicle or construction equipment.
What are Section 2314 Penalties?
To establish guilt under 18 U.S.C. § 2314 for interstate transport of stolen property, a prosecutor must demonstrate three elements:
- That you actually transported or caused the transportation of a stolen item,
- That the item was valued over $5000, and
- That you intentionally acted with full knowledge that the item was stolen.
If you're convicted, the penalty for interstate transportation of stolen property includes a fine, imprisonment for up to ten years, or both.
However, there are exceptions, as theft of specific items may fall under a different law, even if transported across state borders.
If, for example, you steal pre-retail medical equipment and transport it across state lines, you will be charged not under 18 U.S. Code § 2314, but under 18 U.S.C. § 670, which pertains to theft of medical products and carries a harsher penalty of up to 15 years in prison.
Another example is transporting motor vehicles across state or international borders. This particular crime is covered under 18 U.S.C. §2312-2313. However, the penalties are generally similar to those for transporting other stolen items: a fine and up to 10 years in prison.
What are the Related Federal Laws?
18 U.S. Code Chapter 113 Part I - Stolen Property includes several related federal statutes, such as 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
Another statute closely related to 18 U.S.C. § 2314 is the mail fraud statute, 18 U.S.C. § 1341. This is because, as with online activity, the federal government treats mail as an "interstate" activity regardless of where a letter or package travels.
As a result, sending a stolen item by the U.S. Postal Service or another mail service is a federal offense, not just a state or local one. A single charge of mail fraud can lead to fines of up to $250,000.
The National Motor Vehicle Theft Act (NMVT) criminalizes transporting a motor vehicle, aircraft, or other types of vessels across state lines if you knew they were stolen.
Additionally, possessing stolen goods was incorporated into the law to enable federal prosecutors to charge someone with a federal theft offense, even when they cannot prove the exact manner in which the vehicle was stolen.
What are the Available Legal Defenses?
It may be possible to contest the actual value of a stolen item. If the value is under $ 5,000, the theft is classified as a state case rather than a federal case.
Additionally, prosecutors often find it difficult to prove what a defendant knew or did not know before transporting an item. You might have been carrying something for someone else or bought it without knowing it was stolen.
In simple terms, if you were unaware that the property was stolen when you received it, you cannot be convicted of transporting stolen property, but you could still be charged with possession of stolen property.
Additionally, in some situations, it may be possible to demonstrate that the item did not cross state lines or that you had no intention of keeping the item.
Additionally, we could suggest that the property was not involved in interstate commerce. Our federal attorneys have developed strong defense strategies that help clients avoid charges, retain their professional licenses, and avoid hefty fines and federal prison.
We may be able to negotiate favorable plea deals with federal prosecutors. Eisner Gorin LLP is located in Los Angeles County. Contact us for an initial consultation.
If you have one phone call from jail, call us! If you are facing criminal charges,