Sale Or Receipt Of Stolen Securities, Money, Or Goods 18 USC Section 2315

Selling Stolen Stuff: What You Need to Know About 18 USC Section 2315

So you ended up with some stolen money or goods and are thinking about selling them to make a quick buck? That’s probably not the best idea. Selling stolen property can land you in some hot water with the law. Let’s break down what 18 USC Section 2315 says and what it could mean for sellers of stolen goods.

What the Law Says

18 USC Section 2315 makes it a federal crime to sell, receive, or have possession of stolen goods if they crossed state or international borders after being stolen. It also covers selling or receiving stolen securities and money.

To be convicted under this law, prosecutors have to prove:

• The goods were stolen or obtained illegally
• You knew the goods were stolen
• The goods crossed state or national borders after being stolen

So if you sell your buddy’s laptop that he forgot at your place, you’re fine. But if you sell jewelry you know was stolen in a robbery in another state, that’s a problem.

The law is pretty broad when it comes to what counts as “goods.” It covers physical property like cars, jewelry, electronics, etc. It also includes things like stolen credit cards or checks.

Penalties Under the Law

If you’re convicted of selling stolen property under 18 USC 2315, you could face:

• Up to 10 years in federal prison
• Fines up to $250,000 for individuals or $500,000 for organizations
• Probation

The penalties are steeper if the stolen goods are worth more. You could get up to 15 years if the goods are worth over $1 million.

The sentences can also be increased if you have prior convictions for selling stolen property. So it’s not something you want to make a habit out of.

Federal vs. State Charges

Since 18 USC 2315 is a federal law, charges would be brought by federal prosecutors rather than state or local authorities. Federal charges tend to be more serious and carry stiffer penalties.

But you could also face state charges for selling stolen goods, depending on the laws where the crime occurred. Many states have their own laws prohibiting receipt or sale of stolen property.

And some states have even tougher laws than the feds. For example, in Florida receipt of stolen property over $100,000 is punishable by up to 30 years in prison.

So you could potentially be looking at both federal and state charges if caught selling stolen goods. Not a good combo.

Real World Examples

Some real cases can help illustrate how 18 USC 2315 is applied:

• In 2020, a man in Utah was sentenced to 4 years in federal prison for selling stolen Native American artifacts. The items had been illegally taken from archaeological sites and were sold to undercover agents.
• A group in Oregon was prosecuted under 18 USC 2315 for stealing over $2 million worth of electronics and selling them on eBay and Amazon. They received sentences ranging from 2-6 years.
• A man in New Jersey got a 5 year federal prison sentence for knowingly selling vehicles that had been stolen from dealerships in New York.

As these cases show, federal prosecutors take these crimes seriously and hand down tough sentences to sellers of stolen goods.

Defenses to Charges

If you’re accused of violating 18 USC 2315, there are some defenses that may help you avoid conviction:

Lack of Knowledge

If you can show you had no idea the goods were stolen when you received or sold them, that takes away the intent requirement of the law. But lack of knowledge can be tough to prove.

Entrapment

If you can demonstrate that government agents induced you to commit a crime you wouldn’t have otherwise, you may have an entrapment defense. This is hard to show though.

Duress

If you can prove you only sold the stolen goods because you were under immediate threat, that could potentially negate the intent required for conviction. But the threat has to be severe.

Minor Role

If your role was very minimal, like just driving a vehicle you didn’t know contained stolen goods, you may be able to get a reduced sentence.

Statute of Limitations

Federal charges must be brought within 5 years of the crime for sale of stolen goods. If it’s past the 5 year mark, the statute of limitations has expired.

Consult a lawyer to discuss whether any defenses apply in your specific case. Don’t just take the word of the guy who gave you the “hot” merchandise.

Bottom Line

Selling stolen goods is risky business that can land you substantial jail time under 18 USC Section 2315. Don’t believe anyone who tells you that you can’t get in trouble just for selling stuff. Federal prosecutors frequently use this law to crack down on trafficking of stolen property. Think twice before you try to broker hot merchandise across state lines. The extra cash isn’t worth years of your life behind bars. Consult with an attorney so you know exactly what you may be facing.