Fill and Sign the Buying or Receiving Goods Stolen from Interstate Shipment 18 Usc Form

20.2 Buying Or Receiving Goods Stolen From Interstate Shipment 18 USC § 659 (Second Paragraph)Title 18, United States Code, Section 659, makes it a Federal crimeor offense for anyone to knowingly buy or receive stolen goods, having a value of more than $100, if such goods were stolen from a [railroad car] [motor truck] carrying an interstate shipment of freight.The Defendant can be found guilty of that offense only if all of thefollowing facts are proved beyond a reasonable doubt:First: That someone knowingly and willfully embezzled or stole from a [railroad car] [motor truck] the property described in the indictment while such property was moving as, or was a part of, an interstate shipment of freight or express;Second: That the Defendant t hereafter knowingly and willfully bought, received or possessed such property knowing that it had been stolen, as charged; andThird: That such property then had a value in excess of $100. The word " value" means the face, par, or market value, or cost price,either wholesale or retail, whichever is greater. An " interstate shipment" means goods or property that is moving as a part of interstate commerce; and interstate commerce simply means themovement or transportation of goods from one state into another state. The interstate nature of a shipment begins w hen t he property is first identified and set aside for t he shipment, and comes into the possession of those who start it s movement in the course of its interstate transportation. The interstate nature of the shipment then continues until the shipment arrives at its destination and is there delivered. Sect ion 659 of Tit le 1 8, United States Code, further provides that away bill or other shipping document shall be " prima facie" evidence of t he places from which and to which t he shipment w as made. " Prima facie evidence" means sufficient evidence, unless out weighed by other evidence in the case. In other words, waybills, or bills of lading, or other shipping documents such as invoices, if proved, are sufficient to show the interstate nature of the shipment in the absence of other evidence in the case which leads the jury to a different conclusion. So, while the interstate nature of the shipment must be proved as an essential element of the offense, it is not necessary to show that the person who stole the property actually knew t hat the goods were a part of such a shipment at t he time of the stealing. Neither is it necessary for the Government to prove that the Defendant knew that the property was stolen while it w as a part of an interstate shipment of freight. But it is necessary for the government t o prove that t he Defendant knew the property was stolen property at the time the Defendant bought , received or possessed it. To " embezzle" means the wrongful or willful taking of the goods or property of someone else after such property has lawfully come into the possession or control of t he person taking it.To " steal" or " unlawfully take" means the wrongful or willful takingof goods or property , belonging to someone else, with intent to deprive the owner of the use and benefit of such property and to convert it to one's own use or the use of another. The indictment charges that the Defendant bought, received and possessed the stolen goods or property. The law specifies those there different ways in which the offense can be committed, and it is not necessary for the Government to prove that t he Defendant did all three. It is sufficient if the Government proves beyond a reasonable doubt that the defendant either bought, received or possessed the stolen goods; but, in order to return a verdict of guilt, you must agree unanimously upon which way the offense was committed. ANNOTATIONS AND COMMENTS 18 USC § 65 9 (second paragraph) provides: Whoever buy s or receives or has in his possession any [goods having a value in excess of $ 100 embezzled or stolen from an interstate shipment of freight ], knowing the same to have been embezzled or stolen [shall be guilt y of an offense against t he United States].Maximum Penalty: Ten (10) years imprisonment and applicable fine. If the evidence justifies an instruct ion on the lesser included offense (receipt of stolen goods having a value of $100 or less), see Special Instruction 10, Lesser Included Offense.