That statute requires proof that: (1) the goods were stolen; (2) their aggregate value exceeded $5,000; (3) the defendant knew the goods were stolen; and (4) the goods were moving in interstate commerce. 18 U.S.C. § 2315; United States v. Cyphers, 604 F.2d 635, 636 (9th Cir. 1979). Perdue’s primary problem here is that it does not provide any facts to show Case 4:17-cv-05026-SMJ Document 35 Filed 04/25/17 MOTION TO DISMISS AMENDED THIRD-PARTY COMPLAINT NO. 4:17-CV-05026 SMJ - 9 GARVEY  SCHUBERT  BARER   A  PARTNERSHIP  OF  PROFESSIONAL  CORPORATIONS   e i g h t e e n t h f l o o r 1 1 9 1 s e c o n d a v e n u e s e a t t l e , w a s h i n g t o n 9 8 1 0 1 - 2 9 3 9 2 0 6 4 6 4 3 9 3 9 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 what goods were stolen, when they were stolen, or where they went.

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 Case 2:16-cv-05364-DSF-PLA Document 76 Filed 12/21/16 Page 22 of 36 Page ID #:599 14 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 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.

Case 2:16-cv-05375-DSF-PLA Document 63 Filed 12/21/16 Page 21 of 35 Page ID #:491 13 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 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 Case 2:16-cv-05367-DSF-PLA Document 72 Filed 12/21/16 Page 22 of 35 Page ID #:616 13 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 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.

The Claims for Forfeiture Based on the above allegations, the Government seeks forfeiture against the Out-of-State Assets under four claims for relief:  First Claim (Assets traceable to SUAs – Compl. ¶¶ 502-04) The Complaint alleges the Out-of-State Assets are forfeitable because they constitute and are derived from proceeds traceable to the following specified unlawful activities (“SUAs”) – as defined in 18 U.S.C. § 1956(c)(7) – or a conspiracy to commit such SUAs: (1) a foreign offense involving the misappropriation of public funds by or for the benefit of a public official (18 U.S.C. § 1956(c)(7)(B)(iv)) (2) fraud by or against a foreign bank (18 U.S.C. § 1956(c)(7)(B)(iii)) (3) wire fraud (18 U.S.C. § 1343) (4) international transportation/receipt of stolen property (18 U.S.C. § 2314) and receipt of stolen money (18 U.S.C. § 2315).  Second Claim (Assets traceable to § 1957 transaction – Compl.

To plausibly allege a violation of § 2315, Plaintiff must show that Sun Life received, possessed, concealed, stored, bartered, sold, or disposed “of any goods, wares, or merchandize, securities, or money of the value of $5,000 of more . . . which may have crossed a State or United States boundary after being stolen, unlawfully converted, or taken, knowing the same to have been stolen, unlawfully converted, or taken.” 18 U.S.C. § 2315. In addition to the reasons just stated, Plaintiff’s claim under § 2315 fails because he has made no effort to allege that Sun Life engaged in any of the enumerated acts after the goods at issue were stolen, unlawfully converted, or taken.