# Justice Manual § 9-61.210: National Stolen Property Act—Prosecution Policy

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-61.210

## Section

- **Citation:** Justice Manual § 9-61.210
- **Heading:** National Stolen Property Act—Prosecution Policy
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-61.000 - Crimes Involving Property / Justice Manual § 9-61.210

## Text

Prosecutions under the first two paragraphs of 18 U.S.C. § 2314 and the first paragraph of 18 U.S.C. § 2315 should be governed by the same factors that determine whether other non-governmental thefts or frauds (e.g., mail frauds or wire frauds) should be prosecuted Federally. See
JM 9-43.000
and
9-43.300
. The $5,000 jurisdictional threshold figure, originally adopted in 1934, was selected to limit Federal involvement to significant cases. If the $5,000 figure had been indexed for inflation the comparable value in 1996 would be approximately $60,000. These figures are cited in order to provide a historical perspective for these sections. Of course, violations involving less than $60,000 should be prosecuted Federally where the situation warrants.

The monetary figures are more important when considering prosecution under the "falsely made, forged, altered and counterfeit" securities provisions of 18 U.S.C. §§ 2314 and 2315 which do not require any specific monetary amount to invoke Federal jurisdiction. However, prosecutive judgments under all provisions of 18 U.S.C. §§ 2314 and 2315 should be balanced. Although the "forgery" provisions permit Federal jurisdiction for one forged security, prosecutive discretion should be exercised in favor of those instances where there is some compelling reason to bring the matter in Federal courts. Hence, with regard to forged, falsely made, altered, or counterfeited securities under 18 U.S.C. § 2314 or § 2315, the Department's position is that such offenses are primarily within the purview of State law and should be prosecuted by State authorities where feasible, even though the requisites of Federal jurisdiction under the Act are present
elling reason to bring the matter in Federal courts. Hence, with regard to forged, falsely made, altered, or counterfeited securities under 18 U.S.C. § 2314 or § 2315, the Department's position is that such offenses are primarily within the purview of State law and should be prosecuted by State authorities where feasible, even though the requisites of Federal jurisdiction under the Act are present. However, Federal prosecution is recommended where particularly appropriate, as where the broad scope of defendant's activities (e.g., interstate "paper hangers") suggests a need for Federal investigative facilities or appears to render inadequate the punishment brought in conjunction with other Federal charges, or where successful State prosecution appears unlikely or the State fails or refuses to entertain prosecution.

[cited in
JM 9-61.510
]

## Nearby sections

- [Justice Manual § 9-61.010 Introduction](https://www.frixlaw.com/law-library/statutes/JM_S9-61.010.md)
- [Justice Manual § 9-61.100 Motor Vehicle and Aircraft Theft—18 U.S.C. § § 2311-2313](https://www.frixlaw.com/law-library/statutes/JM_S9-61.100.md)
- [Justice Manual § 9-61.111 Motor Vehicle and Aircraft Theft—Prosecution Policy](https://www.frixlaw.com/law-library/statutes/JM_S9-61.111.md)
- [Justice Manual § 9-61.112 Motor Vehicle and Aircraft Theft—Prosecution Policy](https://www.frixlaw.com/law-library/statutes/JM_S9-61.112.md)
- [Justice Manual § 9-61.113 Motor Vehicle and Aircraft Theft—Prosecution Policy](https://www.frixlaw.com/law-library/statutes/JM_S9-61.113.md)
- [Justice Manual § 9-61.114 Motor Vehicle and Aircraft Theft—Notification Requirements](https://www.frixlaw.com/law-library/statutes/JM_S9-61.114.md)
- [Justice Manual § 9-61.200 National Stolen Property Act—18 U.S.C. §  2311, 2314, and 2315](https://www.frixlaw.com/law-library/statutes/JM_S9-61.200.md)
- [Justice Manual § 9-61.210 National Stolen Property Act—Prosecution Policy](https://www.frixlaw.com/law-library/statutes/JM_S9-61.210.md)
- [Justice Manual § 9-61.244 National Stolen Property Act—Securities](https://www.frixlaw.com/law-library/statutes/JM_S9-61.244.md)
- [Justice Manual § 9-61.300 Theft From Interstate Shipment—18 U.S.C. §  659](https://www.frixlaw.com/law-library/statutes/JM_S9-61.300.md)
- [Justice Manual § 9-61.400 Fencing—Prosecution Policy](https://www.frixlaw.com/law-library/statutes/JM_S9-61.400.md)
- [Justice Manual § 9-61.500 Counterfeiting and Forging of State and Corporate Securities—18 U.S.C. § 513](https://www.frixlaw.com/law-library/statutes/JM_S9-61.500.md)
- [Justice Manual § 9-61.510 Counterfeiting and Forging Securities—Prosecution Policy](https://www.frixlaw.com/law-library/statutes/JM_S9-61.510.md)
- [Justice Manual § 9-61.600 Bank Robbery and Bank Larceny—18 U.S.C. 2113](https://www.frixlaw.com/law-library/statutes/JM_S9-61.600.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-61.210. Check the current official text before relying on it. Not legal advice.