18 U.S.C § 2314 - Interstate Transportation of Stolen Property
Under Title 18 U.S.C. § 2314, transporting stolen goods across state lines is a crime if you knew they were stolen.
Additionally, receiving, possessing, selling, concealing, or disposing of stolen goods, with knowledge that they are stolen, is a federal offense punishable under 18 U.S.C. § 2315.
Federal criminal charges for transporting stolen goods involve transferring any items valued at over $5,000 across state lines. These items can include goods, securities, or money.
Several 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).
If you've been charged with federal theft involving interstate transportation of stolen property, understanding what happens next is crucial. The most challenging aspect of any criminal charge is uncertainty about what lies ahead.
In this guide from our federal criminal defense attorneys, we will clarify the interstate transport statute, outline what to expect from the prosecutor, and discuss potential defense strategies.
What Does Section 2314 Say?
In the context of federal theft laws, 18 U.S.C. § 2314 concerns the transportation of stolen goods, securities, money, fraudulent state tax stamps, or items used for counterfeiting.
Typically, if you steal something, you are prosecuted under state and local laws, but crossing state lines elevates the case to federal jurisdiction.
If you've stolen property valued at $5000 or more and choose to transport it across state or international borders, it becomes a federal crime. As with many laws, there are further complications to be aware of. For example:
- Under the law, fraud is considered a type of theft, and there is no minimum amount required for a fraud charge. This means you can be arrested and convicted of fraud even if the amount involved is less than $5000.
- Internet activity is consistently regarded as occurring across state boundaries. Similarly, any theft involving computers is typically considered 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.
The Criminal Investigation Process
Since 18 U.S. Code § 2314 involves multiple states, the FBI generally has investigative jurisdiction. However, the Office of Enforcement Operations (OEO) oversees the case.
Other federal agencies may also participate; for example, in bank robbery cases, the FBI continues investigative work, but the Criminal Division's Organized Crime and Gang section holds supervisory authority.
Understanding that agencies like DHS or DOD may become involved in cross-border cases can reassure the audience that investigations are thorough and professional, underscoring the importance of expert legal guidance.
In these exceptional circumstances, the federal government will assume responsibility for law enforcement rather than local law enforcement.
Such situations include cases in which a stolen vehicle is used to commit another felony and then exported to a foreign country, or when the stolen property is a commercial vehicle or construction equipment.
What Are the Penalties if Convicted?
Knowing that penalties include up to ten years in prison or fines underscores the importance of understanding your rights and seeking legal help, which can reassure the audience about the value of proper defense.
For example, if you steal pre-retail medical equipment and transport it across state borders, you will be charged under 18 U.S.C. § 670 for theft of medical products, rather than under 18 U.S. Code § 2314.
This charge carries a stricter penalty, with a possible prison sentence of up to 15 years. Another example is transporting motor vehicles across state or international borders. This particular offense is covered under 18 U.S.C. 2313.
However, the penalties are similar to those for transporting other stolen items, typically involving a fine and a maximum of 10 years in prison.
What are the Related Federal Offenses?
A key statute related to 18 U.S.C. § 2314 is the mail fraud statute, 18 U.S.C. §1341. This is because, as with online activities, the federal government treats mail as an "interstate" activity regardless of where a letter or package travels.
Therefore, using the U.S. Postal Service or another mail service to send a stolen item makes your case a federal matter rather than a state or local one.
A single mail fraud charge can carry fines of up to $250,000. Additional federal offenses related to theft include the following:
- 18 U.S.C. 2312 - Theft or transportation of motor vehicles
- 18 U.S.C. 2315 - Sale or receipt of stolen vehicles
- 18 U.S.C. 659 - Theft from interstate shipment.
The National Motor Vehicle Theft Act (NMVT) criminalizes transporting motor vehicles, aircraft, or other vessels across state lines if the individual knew they were stolen.
The law also includes possession of stolen goods, enabling federal prosecutors to charge someone with a federal theft offense even when the method of theft cannot be proven.
What are the Potential Legal Defenses?
To establish guilt under 18 U.S.C. § 2314 for interstate transportation of stolen property, prosecutors must demonstrate three things: that you indeed transported or caused the transportation of stolen property; that the property's value exceeds $5000; and that you knowingly and intentionally committed the act.
It is often possible to contest the actual value of a stolen item. If the value is below $5000, then the theft is considered a state issue rather than a federal one. Proving you didn't know the property was stolen can be a strong defense.
Simply put, if you didn't know the property was stolen when you received it, you cannot be convicted of transporting stolen property, but could still be charged with possessing stolen property. It might be possible to demonstrate that the item didn't cross state lines or that you had no intention of keeping it.
Although there are various potential defenses, only a qualified defense attorney can develop the most effective strategy tailored to your specific case. Our federal attorneys have developed effective defense strategies that help clients avoid charges, retain their professional licenses, and avoid hefty fines and federal prison sentences.
We may negotiate a favorable plea deal with federal prosecutors. Eisner Gorin LLP, located in Los Angeles County, offers initial consultations. Contact us to learn more.
If you have one phone call from jail, call us! If you are facing criminal charges,