7th CIRCUIT FEDERAL INSTRUCTIONS 1999
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Title 18 Offenses (18 USC 2314 - 18 USC 2315)

        209    Transportation Of Stolen Goods--Elements (18 USC 2314)
        210    Interstate Travel To Execute Or Conceal Fraud--Elements (18 USC 2314)
        211    Interstate Transportation Of Falsely Made, Forged, Altered Or Counterfeited Securities Or Tax Stamps--Elements (18 USC 2314)
        212    Interstate Transportation Of A Traveler's Check Bearing A Forged Countersignature--Elements (18 USC 2314)
        213    Interstate Transportation Of Tools Used In Making, Forging, Altering, Or Counterfeiting Any Security Or Tax Stamps--Elements (18 USC 2314)
        214    Definition Of Interstate Commerce (18 USC 2314)
        215    Definition Of Stolen (18 USC 2314)
        216    Definition Of Value (18 USC 2314)
        217    Receipt Of Stolen Property--Elements (18 USC 2315)
        218    Receipt Of Counterfeit Securities Or Tax Stamps--Elements (18 USC 2315)
        219    Receipt Of Counterfeiting Tools--Elements (18 USC 2315)
        220    Definition Of Interstate And Foreign Commerce (18 USC 2315)

7th CIRCUIT FEDERAL INSTRUCTIONS 1999

[209] Transportation of Stolen Goods--Elements

(18 USC 2314) 

FORECITE National™ Materials Related To This Instruction:

See FORECITE National™ Federal Models By Offense: Interstate Transportation Of Stolen Property (18 USC 2314) (First Paragraph)

See FORECITE National™ Federal Models By Offense: Causing Interstate Travel In Execution Of A Scheme To Defraud (18 USC 2314) (Second Paragraph)

To sustain the charge of interstate transportation of stolen goods, the government must prove the following propositions:

First, the [identify goods charged in the indictment] had been stolen; and

Second, the [identify goods charged in the indictment] had a value of at least $5,000;

Third, the defendant transported or caused to be transported [identify goods charged in the indictment] in [interstate commerce; foreign commerce] from _______ to ________;

Fourth, at the time the defendant transported or caused to be transported the [identify goods charged in the indictment], he/she knew they had been stolen.

If you find from your consideration of all the evidence that each of these propositions has been proved beyond a reasonable doubt, then you should find the defendant guilty.

If, on the other hand, you find from your consideration of all the evidence that any of these propositions has not been proved beyond a reasonable doubt, then you should find the defendant not guilty.

Committee Comment

The first element may be adapted more specifically to describe the stolen goods if this can be done without complicating the instruction. Otherwise, reference to the indictment is preferred. The terms "wares, merchandise, securities or money" may be substituted for "goods" where charged in the indictment.

In addition to stolen goods, the statute covers goods converted or obtained by fraud. The instruction may be modified where appropriate.

7th CIRCUIT FEDERAL INSTRUCTIONS 1999

[210] Interstate Travel to Execute or Conceal Fraud--Elements

(18 USC 2314) 

FORECITE National™ Materials Related To This Instruction:

See FORECITE National™ Federal Models By Offense: Interstate Transportation Of Stolen Property (18 USC 2314) (First Paragraph)

See FORECITE National™ Federal Models By Offense: Causing Interstate Travel In Execution Of A Scheme To Defraud (18 USC 2314) (Second Paragraph)

To sustain the charge of [transporting a person; causing a person to be transported; inducing a person to travel or be transported] in interstate commerce in the execution or concealment of a scheme to defraud, the government must prove the following propositions:

First, the defendant devised or intended to devise a scheme to [defraud; obtain money by false or fraudulent pretenses, representations, or promises] as charged in the indictment;

Second, the defendant [transported a person; caused a person to be transported; induced a person to travel or be transported] in interstate commerce;

Third, the defendant acted in the execution or concealment of the scheme or artifice to defraud that person of money or property; and,

Fourth, the money or property had a value of $5,000 or more.

If you find from your consideration of all the evidence that each of these propositions has been proved beyond a reasonable doubt, then you should find the defendant guilty.

If, on the other hand, you find from your consideration of all the evidence that any of these propositions has not been proved beyond a reasonable doubt, then you should find the defendant not guilty.

7th CIRCUIT FEDERAL INSTRUCTIONS 1999

[211] Interstate Transportation of Falsely Made, Forged, Altered or Counterfeited Securities or Tax Stamps--Elements

(18 USC 2314) 

FORECITE National™ Materials Related To This Instruction:

See FORECITE National™ Federal Models By Offense: Interstate Transportation Of Stolen Property (18 USC 2314) (First Paragraph)

See FORECITE National™ Federal Models By Offense: Causing Interstate Travel In Execution Of A Scheme To Defraud (18 USC 2314) (Second Paragraph)

To sustain the charge of interstate transportation of [falsely made; forged; altered; counterfeited] securities or tax stamps, the government must prove the following propositions:

First, the defendant [transported; caused to be transported], in interstate commerce, the securities described in the indictment;

Second, at the time the defendant transported the securities, they were [falsely made; forged; altered; counterfeited];

Third, at the time the defendant transported the securities, the defendant knew they were [falsely made; forged; altered; counterfeited]; and

Fourth, at the time the defendant transported the securities, the defendant acted with unlawful or fraudulent intent.

If you find from your consideration of all the evidence that each of these propositions has been proved beyond a reasonable doubt, then you should find the defendant guilty.

If, on the other hand, you find from your consideration of all the evidence that any of these propositions has not been proved beyond a reasonable doubt, then you should find the defendant not guilty.

Committee Comment

In McElroy v. United States, 455 U.S. 642 (1982), the Supreme Court held that this statute does not require proof that the forgery occurred before the securities were transported across state lines. The Court*s holding was based on a reading of the statutory phrase "interstate commerce" to include transportation within the state or destination if such transportation is part of a movement that began out of state. Accordingly, in some cases, an instruction incorporating the Court*s holding in McElroy will be appropriate.

The elements of this offense do not require proof that the defendant knew the securities moved in interstate commerce. See, e.g., United States v. Squires, 581 F.2d 408, 410 (4th Cir.1978). Nor does the statute require proof that the interstate transportation was for the purpose of executing the scheme to defraud. See, e.g., United States v. Gundersen, 518 F.2d 960, 961 (9th Cir.1975); United States v. Vaccaro, 816 F.2d 443, 455 (7th Cir.), cert. denied, 484 U.S. 914 (1987).

7th CIRCUIT FEDERAL INSTRUCTIONS 1999

[212] Interstate Transportation of a Traveler's Check Bearing a Forged Countersignature--Elements

(18 USC 2314) 

FORECITE National™ Materials Related To This Instruction:

See FORECITE National™ Federal Models By Offense: Interstate Transportation Of Stolen Property (18 USC 2314) (First Paragraph)

See FORECITE National™ Federal Models By Offense: Causing Interstate Travel In Execution Of A Scheme To Defraud (18 USC 2314) (Second Paragraph)

To sustain the charge of interstate transportation of a traveler's check bearing a forged countersignature, the government must prove the following propositions:

First, the defendant [transported; caused to be transported], in interstate commerce, the traveler's check described in the indictment;

Second, at the time the defendant transported the traveler's check, it bore a forged countersignature;

Third, at the time the defendant transported the traveler's check, the defendant knew it bore a forged countersignature; and,

Fourth, at the time the defendant transported the traveler's check, the defendant acted with unlawful or fraudulent intent.

If you find from your consideration of all the evidence that each of these propositions has been proved beyond a reasonable doubt, then you should find the defendant guilty.

If, on the other hand, you find from your consideration of all the evidence that any of these propositions has not been proved beyond a reasonable doubt, then you should find the defendant not guilty.

7th CIRCUIT FEDERAL INSTRUCTIONS 1999

 [213] Interstate Transportation of Tools Used in Making, Forging, Altering, or Counterfeiting Any Security or Tax Stamps--Elements

(18 USC 2314)

FORECITE National™ Materials Related To This Instruction:

See FORECITE National™ Federal Models By Offense: Interstate Transportation Of Stolen Property (18 USC 2314) (First Paragraph)

See FORECITE National™ Federal Models By Offense: Causing Interstate Travel In Execution Of A Scheme To Defraud (18 USC 2314) (Second Paragraph)

To sustain the charge of interstate transportation of any [tool; implement; thing] [used; fitted for use] in [falsely making; forging; altering; counterfeiting] any security, the government must prove the following propositions:

First, the defendant [transported; caused to be transported] the [tool; implement; item described in the indictment];

Second, at the time the defendant transported the [tool; implement; item described in the indictment], it could be [used; fitted for use] in [falsely making; forging; altering; counterfeiting] any security or tax stamps, or any part thereof;

Third, at the time the defendant transported the [tool; implement; item described in the indictment], the defendant knew that it could be [used; fitted for use] in [falsely making; forging; altering; counterfeiting] any security or tax stamps or any part thereof; and,

Fourth, at the time the defendant transported the [tool; implement; other item described in the indictment], the defendant acted with unlawful or fraudulent intent.

If you find from your consideration of all the evidence that each of these propositions has been proved beyond a reasonable doubt, then you should find the defendant guilty.

If, on the other hand, you find from your consideration of all the evidence that any of these propositions has not been proved beyond a reasonable doubt, then you should find the defendant not guilty.

7th CIRCUIT FEDERAL INSTRUCTIONS 1999

[214] Definition of Interstate Commerce

(18 USC 2314) 

FORECITE National™ Materials Related To This Instruction:

See FORECITE National™ Federal Models By Offense: Interstate Transportation Of Stolen Property (18 USC 2314) (First Paragraph)

See FORECITE National™ Federal Models By Offense: Causing Interstate Travel In Execution Of A Scheme To Defraud (18 USC 2314) (Second Paragraph)

Committee Comment

See corresponding Definition Of Interstate Commerce (18 USC 2312), supra.

7th CIRCUIT FEDERAL INSTRUCTIONS 1999

[215] Definition of Stolen

(18 USC 2314) 

FORECITE National™ Materials Related To This Instruction:

See FORECITE National™ Federal Models By Offense: Interstate Transportation Of Stolen Property (18 USC 2314) (First Paragraph)

See FORECITE National™ Federal Models By Offense: Causing Interstate Travel In Execution Of A Scheme To Defraud (18 USC 2314) (Second Paragraph)

Committee Comment

See corresponding Definition Of Interstate Commerce (18 USC 2312), supra.

7th CIRCUIT FEDERAL INSTRUCTIONS 1999

[216] Definition of Value

(18 USC 2314) 

FORECITE National™ Materials Related To This Instruction:

See FORECITE National™ Federal Models By Offense: Interstate Transportation Of Stolen Property (18 USC 2314) (First Paragraph)

See FORECITE National™ Federal Models By Offense: Causing Interstate Travel In Execution Of A Scheme To Defraud (18 USC 2314) (Second Paragraph)

The government is required to establish that the goods in question had a value of at least $5,000 at the time they were stolen or at the time they were transported in interstate commerce.

Value means market value, that is, the price that a willing buyer would pay to a willing seller.

Committee Comment

See United States v. Lehning, 742 F.2d 1113, 1115 (7th Cir.1984); United States v. Williams, 657 F.2d 199, 202 (8th Cir.1981); United States v. McMahan, 548 F.2d 712, 713-14 (7th Cir.), cert. denied, 430 U.S. 986 (1977). Value at the time of theft or value at the time of transportation may be used under § 2314 and § 2315. See, e.g. United States v. Gardner, 516 F.2d 334, 349 (7th Cir.), cert. denied, 423 U.S. 861 (1975).

Where there is no market value, the jury may be told that it can consider other reasonable methods of valuation. In most cases, however, some method of arriving at market value will be used. In United States v. McGinnis, 783 F.2d 755, 757 the court allowed the owner of stolen property to give testimony about value of goods to establish the applicability of § 2315. Depending on the circumstances of the case, the retail market value may prevail over the wholesale market value or replacement value. See, e.g., Cave v. United States, 390 F.2d 58, 67 (8th Cir.), cert. denied, 392 U.S. 906 (1968).

7th CIRCUIT FEDERAL INSTRUCTIONS 1999

[217] Receipt of Stolen Property--Elements

(18 USC 2315) 

FORECITE National™ Materials Related To This Instruction:

See FORECITE National™ Federal Models By Offense: Receipt Of Stolen Property--Elements (18 USC 2315)

See FORECITE National™ Federal Models By Offense: Receipt, Possession, Or Sale Of Stolen Property (18 USC 2315) (First Paragraph)

To sustain the charge of [receiving; possessing; concealing; storing; bartering; selling; disposing of] stolen property, the government must prove the following propositions:

First, the defendant [received; possessed; concealed; stored; bartered; sold; disposed of] the property described in the indictment;

Second, the property had been [stolen; unlawfully converted; unlawfully taken] and the defendant knew the property had been [stolen; unlawfully converted; unlawfully taken];

Third, after the property was [stolen; unlawfully converted; unlawfully taken] it was moved across the boundary line of [a state; the United States] and

Fourth, the property had a value of $5,000 or more.

If you find from your consideration of all the evidence that each of these propositions has been proved beyond a reasonable doubt, then you should find the defendant guilty.

If, on the other hand, you find from your consideration of all the evidence that any of these propositions has not been proved beyond a reasonable doubt, then you should find the defendant not guilty.

7th CIRCUIT FEDERAL INSTRUCTIONS 1999

[218] Receipt of Counterfeit Securities or Tax Stamps--Elements

(18 USC 2315) 

FORECITE National™ Materials Related To This Instruction:

See FORECITE National™ Federal Models By Offense: Receipt Of Stolen Property--Elements (18 USC 2315)

See FORECITE National™ Federal Models By Offense: Receipt, Possession, Or Sale Of Stolen Property (18 USC 2315) (First Paragraph)

To sustain the charge of [receiving; possessing; concealing; storing; bartering; selling; disposing of; pledging as security for a loan; accepting as security for a loan], in [interstate; foreign] commerce, any [falsely made; forged; altered; counterfeited] [securities; tax stamps], the government must prove the following propositions:

First, the defendant [received; possessed; concealed; stored; bartered; sold; disposed of; pledged as security for a loan; accepted as security for a loan] [securities; tax stamps];

Second, the [securities; tax stamps] had been [falsely made; forged; altered; counterfeited] and the defendant knew the [securities; tax stamps] had been [falsely made; forged; altered; counterfeited]; and,

Third, at the time the [securities; tax stamps] were [received; concealed; stored; bartered; sold; disposed of; pledged as security for a loan; accepted as security for a loan] they were moving as, were a part of, or constituted [interstate; foreign] commerce.

If you find from your consideration of all the evidence that each of these propositions has been proved beyond a reasonable doubt, then you should find the defendant guilty.

If, on the other hand, you find from your consideration of all the evidence that any of these propositions has not been proved beyond a reasonable doubt, then you should find the defendant not guilty.

7th CIRCUIT FEDERAL INSTRUCTIONS 1999

 [219] Receipt of Counterfeiting Tools--Elements

(18 USC 2315)

FORECITE National™ Materials Related To This Instruction:

See FORECITE National™ Federal Models By Offense: Receipt Of Stolen Property--Elements (18 USC 2315)

See FORECITE National™ Federal Models By Offense: Receipt, Possession, Or Sale Of Stolen Property (18 USC 2315) (First Paragraph)

To sustain the charge of [receiving; concealing; storing; bartering; selling; disposing of], in [interstate; foreign] commerce, any [tool; implement; item] [used; intended to be used] in [falsely making; forging; altering; counterfeiting] any [security or any part thereof; tax stamp or any part thereof], the government must prove the following propositions:

First, the defendant [received; concealed; stored; bartered; sold; disposed of] in [interstate; foreign] commerce, any [tool; implement; item] [used; intended to be used] in [falsely making; forging; altering; counterfeiting] any [security or any part thereof; tax stamp or any part thereof];

Second, the item was moving as, was part of, or constituted [interstate; foreign] commerce; and,

Third, the defendant knew the [tool; implement; item] was [fitted to be used; had been used] in [falsely making; forging; altering; counterfeiting] any [security or any part thereof; tax stamp or any part thereof].

If you find from your consideration of all the evidence that each of these propositions has been proved beyond a reasonable doubt, then you should find the defendant guilty.

If, on the other hand, you find from your consideration of all the evidence that any of these propositions has not been proved beyond a reasonable doubt, then you should find the defendant not guilty.

7th CIRCUIT FEDERAL INSTRUCTIONS 1999

[220] Definition of Interstate and Foreign Commerce

(18 USC 2315) 

FORECITE National™ Materials Related To This Instruction:

See FORECITE National™ Federal Models By Offense: Receipt Of Stolen Property--Elements (18 USC 2315)

See FORECITE National™ Federal Models By Offense: Receipt, Possession, Or Sale Of Stolen Property (18 USC 2315) (First Paragraph)

The term [interstate; foreign] commerce as used in these instructions means the movement across [state; territorial] lines, including any movement before or after the crossing of [state; territorial] lines which constitutes a part of the [interstate; foreign] travel.

[Property that was [received; concealed; stored; bartered; sold; disposed of] a period of time after it crossed state lines still may constitute interstate commerce if the [receipt; concealment; storage; barter; sale; disposition] is a continuation of the movement that began out of state.]