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Topic: Receipt of stolen property

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	In re Awat Mengisteab BAHTA
		Likewise, the crime of receipt of stolen property is distinct from the crime of possession of stolen property.
		Congress' inclusion of the phrase receipt of stolen property was necessary because receipt of stolen property is a statutory crime separate from the crime involved in the stealing or possession of the property.
		Thus, the elements of the crime of possession of stolen property are distinct from the elements of the crime of receiving stolen property.
	www.immigrationlinks.com /news/news557.htm (8220 words)

	Receipt of stolen property - Wikipedia, the free encyclopedia
		In the United States, it is a federal crime under (18 USC 2315) to knowingly receive or conceal or dispose of stolen property with a value of $5,000 or more and that's a part of interstate commerce (i.e., been transported across state lines).
		The government must prove beyond a reasonable doubt that the person either received, concealed, stored, sold or disposed of the stolen property.
		To be guilty of the offense, a person must know that the property had been stolen, but he need not know that it was moving as, or constituted a part of, interstate commerce.
	en.wikipedia.org /wiki/Receipt_of_stolen_property (207 words)

	Legal Definition of Sale Or Receipt Of Stolen Property
		SALE OR RECEIPT OF STOLEN PROPERTY - 18 USC 2315, makes it a Federal crime or offense for anyone to knowingly receive or conceal or dispose of stolen property which has a value of $5,000 or more and which is a part of interstate commerce.
		First: That the person received or concealed or stored or disposed of items of stolen property; Second: That such items were moving as, or constituted a part of, interstate commerce; Third: That such items had a value in excess of $5,000; and Fourth: That the person acted knowingly and willfully.
		Also, in order to commit the offense a person must know that the property had been stolen, but he need not know that it was moving as, or constituted a part of, interstate commerce.
	www.lectlaw.com /def2/s001.htm (213 words)

	State v. Robert W. Nelson
		The defendant moved to dismiss the charge, contending that the computer-scanned photographic images were not "property" as defined under the theft statute, RSA 637:2 (1996), and that the State could not prove the remaining elements of the crime.
		RSA 637:7, I. To secure a conviction, the State must prove that a defendant possessed property of another which he knew was stolen or believed was probably stolen, and that he did so with the purpose to deprive the rightful owner of its possession.
		The defendant contends that because he returned the original photographs containing the same images, his tenant was able to continue to make use of the images, and thus he could not have had the intent to deprive her of the economic value, or of the use and benefit of the images.
	www.state.nh.us /judiciary/supreme/opinions/2004/nelso020.htm (1433 words)

	01-4045 -- U.S. v. Vasquez-Flores -- 09/13/2001
		How "theft offense (including receipt of stolen property)" should be defined for purposes of sentencing enhancement has been examined by the Fifth, Seventh, and Ninth Circuits, as well as by the Board of Immigration Appeals (BIA).
		It determined that use of the parenthetical "(including receipt of stolen property)" was intended to clarify that the term "theft offense" did not require proof that the offender was involved in the actual taking of the property.
		the modern, generic, and broad definition of the entire phrase "theft offense (including receipt of stolen property)" is a taking of property or an exercise of control over property without consent with the criminal intent to deprive the owner of rights and benefits of ownership, even if such deprivation is less than total or permanent.
	www.kscourts.org /ca10/cases/2001/09/01-4045.htm (1122 words)

	ILW.COM - Hernandez-Mancilla v. INS (Site not responding. Last check: 2007-10-16)
		United States, 495 U.S. Second, he argued that his conviction for possession of a stolen motor vehicle was not a "theft offense" because it lacked the essential element of theft, namely the intent to permanently deprive the owner of his or her property.
		The fraudulent taking of personal property belonging to another, from his possession, or from the possession of some person holding the same for him, without his consent, with intent to deprive the owner of the value of the same, and to appropriate it to the use or benefit of the person taking.
		The essential elements of a 'larceny' are an actual or constructive taking away of the goods or property of another without the consent and against the will of the owner or possessor and with a felonious intent to convert the property to the use of someone other than the owner.
	www.ilw.com /lawyers/immigdaily/cases/2001,0412-Hernandez.shtm (3455 words)

	[No title]
		First, the defendant contended contending that the computer-scanned photographic images were not "property" as defined under the theft statute, RSA 637:2 (1996), and therefore that the State could not prove the remaining elements of the crime.
		The court acknowledged that, to secure a conviction, the State had to prove that a defendant possessed property of another which he knew was stolen or believed was probably stolen, and that he did so with the purpose to deprive the rightful owner of its possession.
		The facts of this case certainly allow for the conclusion that the defendant retained property, i.e., photographic images scanned and stored on his computer, "in which [a] person other than [the defendant] ha[d] an interest which [he was] not privileged to infringe.
	dirt.umkc.edu /FEB/022404.txt (1437 words)

	Intellectual Property Crimes: VIII. Theft of Commercial Trade Secrets (Site not responding. Last check: 2007-10-16)
		With many of these methods the original property may not necessarily leave the custody or control of the owner, but the unauthorized duplication or misappropriation may reduce or destroy the value of the owner's property.
		The intent of that limitation is to insure that the amount and character of the forfeited property is proportionate to the harm caused by the defendant's conduct.
		Because the physical return of stolen trade secrets will be inadequate in most circumstances to compensate a victim for its damages due to the theft and disclosure of such information, restitution in the amount of the value of the stolen trade secrets will often be required.
	www.cybercrime.gov /ipmanual/08ipma.htm (12119 words)

	Converted WP file 21357
		Appellant was arrested for receipt of stolen property and taken to the station for interrogation by Detective Belcher.
		The jury found Appellant guilty of the charge of receipt of stolen property and Appellant was sentenced to not less than one nor more than ten years for the offense.
		Appellant argues initially that the prosecuting attorney abused his discretion by filing charges against him for receipt of stolen property, claiming that such act was in violation of an alleged agreement to the contrary.
	www.state.wv.us /wvsca/docs/spring93/21357.htm (2521 words)

	Bundesgerichtshof, Judgment of 11 January 1971 (young bulls case)
		The plaintiff therefore lost property in the animals "as a consequence of the provision" of § 950 BGB.
		He keeps the property and therefore the claim for surrender under § 985 against the third party as possessor.
		Courts have also constantly ruled that a previous owner can claim restitution in the case where a possessor sells property which is not his own and inb this way acquires the value of this property.
	www.iuscomp.org /gla/judgments/bgh/z710111.htm (1286 words)

	Pattern Jury Instructions
		A person who knowingly [receives] [retains] [disposes of] property of another which has been stolen, with the intent to deprive the owner of the property, is guilty of Theft.
		[8) The property stolen [was [acquired] [retained] by threat and was [acquired] [retained] by a public servant by a threat to [take] [withhold official action] [exceeds fifty dollars in value but not more than five hundred dollars];] or
		Note: The bracketed language in paragraphs 4 and 5 should be used when there is evidence in the case sufficient to give rise to a reasonable doubt on the issue of the defense raised.
	www.sband.org /Pattern_Jury_Instructions/viewarticle.asp?ID=159 (628 words)

	Alberto-Gonzalez v. INS: 9th Circuit Finds Aggravated Felony "Term of Imprisonment" Requirement for ...
		In 1991 Alberto-Gonzalez was convicted of receipt of stolen property, but the record in this case did not establish the term of incarceration, if any, to which he was sentenced.
		The definition of "aggravated felony" includes a "theft offense (including receipt of stolen property) or burglary offense for which the term of imprisonment [is] at least one year." INA § 101(a)(43)(G).
		As for his conviction for receipt of stolen property, the record did not indicate the length of the sentence that was imposed, although the maximum sentence for such a conviction was exactly one year.
	www.nilc.org /immlawpolicy/removcrim/removcrim039.htm (823 words)

	Nebraska State Bar Association (Site not responding. Last check: 2007-10-16)
		This receipt of stolen property case is affirmed by the Supreme Court, which reviews the wording of an information charging and proof necessary to prove such a charge.
		The Court said that here there was testimony that Hubbard did not intend to restore the stolen property, that he "got rid of" some of the property, and that he benefitted from the property, such as staying in a hotel room paid for with proceeds from the return of the figurine.
		Under these circumstances, the absence of a purpose to restore the property was not only sufficiently charged, but there was sufficient evidence for the jury to find Hubbard guilty beyond a reasonable doubt of theft by receiving stolen property.
	www.nebar.com /resources/nelawexpress/scjournals/2004sc/scjan23.htm (10150 words)

	Section 541-060 Receipt of stolen or embezzled property (Site not responding. Last check: 2007-10-16)
		Section 541-060 Receipt of stolen or embezzled property
		Receipt of stolen or embezzled property--trial, where held.
		When any person shall be liable to prosecution as the receiver of any personal property that shall have been feloniously stolen, taken or embezzled, he may be indicated, tried and convicted in any county where he received or had such property, notwithstanding such theft or embezzlement was committed in another county.
	www.moga.state.mo.us /statutes/C500-599/5410000060.HTM (78 words)

	Special note to all persons becoming involved in log recovery operations and the marketing of the recovered logs
		Additionally, the receipt of any illegally obtained logs would constitute the receipt of stolen property and subject the involved party to applicable legal enforcement actions.
		Similarly on inland lakes and streams the recovery of logs is a regulated activity under the Part 301, Inland Lakes and Streams, of the NREPA … The recovery of logs from inland waters must be authorized by a State permit.
		On inland waters aside from the issue of log mark ownership the logs may be considered property of the riparian(s) in the recovery area.
	www.michigan.gov /deq/0,1607,7-135-3313_3677_3703-10893--CI,00.html (256 words)

	USATODAY.com - Court rules scanned photos constitute property theft (Site not responding. Last check: 2007-10-16)
		Nelson was charged with committing the crime of receiving stolen property in that he "knowingly retained seven (7) photographic images, the property of [the tenant], knowing or believing that said images had been stolen, with a purpose to deprive [the tenant] thereof...
		Nelson ultimately was convicted for receipt of stolen property, and he then appealed.
		Nelson principally argued that the scanned photographic images did not constitute property and that he did not deprive the female owner of her photographs, the supposed property at issue.
	www.usatoday.com /tech/columnist/ericjsinrod/2004-04-14-sinrod_x.htm (854 words)

	OIG Investigative Reports, Eleven Individuals Indicted in $1 Million Fraud Scheme Against the U.S. Department of ...
		Elizabeth Mellen is charged with conspiracy to defraud the government, theft of government property, and conspiracy to submit false claims to the government.
		The remaining defendants are all charged with conspiracy to defraud the United States and receipt of stolen government property.
		Theft of government property, receiving stolen government property, and selling stolen government property carry a maximum penalty of up to ten years in prison and a $250,000.00 fine.
	www.ed.gov /about/offices/list/oig/invtreports/dc052001.html?exp=3 (837 words)

	Larceny
		Under English common law, larceny consisted of (1) a taking (2) and carrying away (3) of tangible personal property (4) of another (5) by trespass (6) with intent to permanently deprive.
		Quite often the general crime of theft has replaced larceny, and most related common law and statutory crimes such as embezzlement, false pretenses, robbery, and receipt of stolen property.
		Grand larceny is typically defined as larceny of a significant amount of property, in the US this is often defined as an amount valued at $200200 or more.
	www.brainyencyclopedia.com /encyclopedia/l/la/larceny.html (194 words)

	ILW.COM - US v. Vasquez-Flores (Site not responding. Last check: 2007-10-16)
		Like the Seventh Circuit, we conclude that "theft offense (including receipt of stolen property)" includes more crimes than just "theft." Further, we have already rejected the view that whether a particular crime constitutes an aggravated felony under the definitions referred to in USSG.
		The United States argues,(2) and we agree, that in interpreting this sentencing guideline, we should adopt a uniform generic definition of "theft offense (including receipt of stolen property)." Cf.
		Id. It determined that use of the parenthetical "(including receipt of stolen property)" was intended to clarify that the term "theft offense" did not require proof that the offender was involved in the actual taking of the property.
	www.ilw.com /lawyers/immigdaily/cases/2001,0917-Vasquez.shtm (1146 words)

	VAOIG Investigations: Pharmacist Charged in Drug Theft from Medical Center (Site not responding. Last check: 2007-10-16)
		The investigation determined that Morris purchased pharmaceuticals at a discounted rate, which had been stolen from the VA Medical Center, Long Beach, CA by Frank Oliva, an individual who had been employed as a pharmacist at the medical center.
		Morris, who knew the drugs had been stolen from the VA, then placed the VA pharmaceuticals in his pharmacy located in Tustin, CA, where the drugs were sold at the standard retail markup rate.
		Oliva previously pleaded guilty to criminal charges of receipt of stolen government property and resigned from VA employment.
	www.va.gov /oig/51/press2000/Morris-Sentencing-pr.htm (228 words)

	Aggravated Felonies Convictions (Site not responding. Last check: 2007-10-16)
		A conviction of receiving stolen property should not be considered to be an offense involving fraud, so as to trigger deportation as an aggravated felony, regardless of the length of the sentence, if the loss to the victim(s) was in excess of $10,000.
		Under Federal Rule of Evidence 609(a)(2), a conviction of receiving stolen property has been held not to be per se one of dishonesty or involving a false statement, for impeachment purposes, because it can be committed without misrepresentation or deceit.
		This strengthens the argument that this offense should not be held to involve fraud or deceit.
	www.criminalandimmigrationlaw.com /CH6_6.40.asp (157 words)

	2002 Federal Sentencing Guidelines Manual - Chapter 1
		(4) If the offense involved receiving stolen property, and the defendant was a person in the business of receiving and selling stolen property, increase by 2 levels.
		Background: This guideline covers offenses involving theft, stolen property, property damage or destruction, fraud, forgery, and counterfeiting (other than offenses involving altered or counterfeit bearer obligations of the United States).
		Typically, the scope of such activity is substantial, but the value of the property may be particularly difficult to ascertain in individual cases because the stolen property is rapidly resold or otherwise disposed of in the course of the offense.
	www.ussc.gov /2002guid/2b1_1.htm (4963 words)

	AS - ASL 91-21: Stolen Property
		In the event that property is lost or damaged beyond repair the employee will have to make restitution by 1) replacing the property or 2) reimbursing the state monetarily.
		For damaged items, a receipt for repairs or, if the article was damaged beyond repair, a statement of the actual value of the article at the time of damage and the reason it could not be repaired.
		For stolen items, a statement that the value of the property was verified by inspecting the original sales records or current price lists.
	www.arb.ca.gov /asl/91-21.htm (903 words)

	03-4088 -- Robertson v. Price City Police Dept. -- 12/11/2003
		Robertson alleges he had to wait sixty-five days to be arraigned for the receipt of stolen property charge, and eighty-nine days for the assault charge, and that these delays denied him liberty without due process of law.
		Robertson "did not have a 'liberty interest' in the time [he] spent in jail awaiting arraignment on the assault and stolen property charges because [he] never allege[d] that the warrant for his parole violation was improper." Rec., doc.
		Robertson for receipt of stolen property and assault do not undermine the lawfulness of his parole violation detention.
	www.kscourts.org /ca10/cases/2003/12/03-4088.htm (820 words)

	[No title] (Site not responding. Last check: 2007-10-16)
		Love raises three claims of error: (1) the trial court erroneously exercised its discretion when it refused to remove a juror for cause; (2)\~ the evidence presented at trial was insufficient to establish that he was guilty of receiving stolen property; and (3) the trial court erroneously exercised its sentencing discretion by considering improper factors.
		The charge was based on testimony of police officers and citizen witnesses who claimed to have observed Love and his two accomplices remove personal property from a GMC van owned by Derrick McDowell, the victim of this inci dent, and load it into the Chevrolet Suburban belonging to Love.
		The record is sufficient to support a conviction for receiving stolen property.
	www.courts.state.wi.us /ca/opinions/98/98-2460.doc (3349 words)

	USCA6 Opinion 01a0334p.06
		Petitioner Kevin Nigel Stanford was convicted in a Kentucky state court of capital murder, first degree robbery, first degree sodomy, and receipt of stolen property.
		The jury found Stanford guilty of the capital murder of Poore, first degree robbery, first degree sodomy, and receipt of stolen property valued in excess of $100.
		Judge Leibson sentenced Stanford to death for his capital murder conviction and forty-five years imprisonment for robbery, sodomy, and receipt of stolen property.
	www.michbar.org /opinions/us_appeals/2001/092001/12363.html (6019 words)

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