Case 3:16-cv-01166-RGJ-KLH Document 5-1 Filed 08/22/16 Page 11 of 25 PageID #: 348 738019.1 12 Plaintiffs, as private citizens, can state no private claim against the Defendants under La. R.S. 14:12, La. R.S. 14:26, La. R.S. 14:72.2, La. R.S. 35:601, 18 U.S.C. § 2314, or 18 U.S.C. § 1342. Accordingly, the Plaintiffs’ petition must be dismissed with prejudice.

It never alleges that Mr. Zhang printed the files or in any way created a tangible version. The Indictment consequently fails to state an NSPA offense 11 Case 2:12-cr-00498-LDD Document 46 Filed 09/19/13 Page 15 of 19 because the specific facts alleged in the charging document fall outside of 18 U.S.C. §2314's purview. Thus, Count II of the Indictment should be dismissed.

To plausibly allege a violation of § 2314, Plaintiff must show that Sun Life “transport[ed], transmit[ed], or transfer[ed] in interstate or foreign commerce any goods, wares, merchandise, securities or money, of the value of $5,000 or more, knowing the same to have been stolen, converted or taken by fraud.” 18 U.S.C. § 2314. Plaintiff never identifies what action Sun Life took knowingly to transfer stolen property.

Plaintiff Fails to Sufficiently Allege Transportation of Stolen Funds in Violation of 18 U.S.C. § 2314 Section 2314 concerns the transport of funds that have been stolen, converted, or taken by fraud. 18 U.S.C. § 2314. Plaintiff again attempts to evade pleading that any money used by the moving defendants can be traced to illegal conduct by pointing out that the authority cited by moving defendants, U.S. v. Lazarenko, 546 F.3d 1026 (9th Cir. 2009), was a criminal case.

Brief: 27-28). But defendant was charged in federal court with a violation of the National Stolen -40- Property Act, 18 USC §2314, a statute with different elements than New York’s Unlawful Use statute. The NSPA applies to the transportation, transmittal, or transfer of stolen property across state lines and has no application to the creation of tangible reproductions or representations of intellectual property.

That crime requires proof that each defendant transported goods in interstate commerce, “knowing the same to have been stolen, converted or taken by fraud.” 18 U.S.C. § 2314; United States v. Lazarenko, 564 F.3d 1026, 1035 (9th Cir. 2009) (requiring proof that the transported property is “‘directly traceable’ to the fraud or theft”). As with theft, Perdue has failed to allege any facts showing that CP knew the canola meal allegedly being transported was stolen or converted.

1. The Wire Fraud and Stolen Property SUAs Do Not Apply Extraterritorially Each claim for relief asserts wire fraud under 18 U.S.C. § 1343, international transportation or receipt of stolen or fraudulently obtained property under 18 U.S.C. § 2314, and receipt of stolen money under 18 U.S.C. § 2315 as predicate SUAs supporting forfeiture. Wire fraud occurs upon the use of a United States wire in furtherance of a scheme or artifice to defraud with the specific intent to defraud.

1. The Wire Fraud and Stolen Property SUAs Do Not Apply Extraterritorially Each claim for relief asserts wire fraud under 18 U.S.C. § 1343, international transportation or receipt of stolen or fraudulently obtained property under 18 U.S.C. § 2314, and receipt of stolen money under 18 U.S.C. § 2315 as predicate SUAs supporting forfeiture. Wire fraud occurs upon the use of a United States wire in furtherance of a scheme or artifice to defraud with the specific intent to defraud.

1. The Wire Fraud and Stolen Property SUAs Do Not Apply Extraterritorially Each claim for relief asserts wire fraud under 18 U.S.C. § 1343, international transportation or receipt of stolen or fraudulently obtained property under 18 U.S.C. § 2314, and receipt of stolen money under 18 U.S.C. § 2315 as predicate SUAs supporting forfeiture. Wire fraud occurs upon the use of a United States wire in furtherance of a scheme or artifice to defraud with the specific intent to defraud.

1. The Wire Fraud and Stolen Property SUAs Do Not Apply Extraterritorially Each claim for relief asserts wire fraud under 18 U.S.C. § 1343, international transportation or receipt of stolen or fraudulently obtained property under 18 U.S.C. § 2314, and receipt of stolen money under 18 U.S.C. § 2315 as predicate SUAs supporting forfeiture. Wire fraud occurs upon the use of a United States wire in furtherance of a scheme or artifice to defraud with the specific intent to Case 2:16-cv-05378-DSF-PLA Document 63 Filed 12/21/16 Page 15 of 29 Page ID #:520 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 defraud.