United States v. Philip Robert Masters, Jr.

This appeal, arising under the National Stolen Property Act, 18 U.S.C. § 2314 , presents a narrow issue: Was the evidence sufficient to establish that appellant caused the items in question to move in interstate commerce as the statute requires? Finding that it was, we affirm.

In October 1969 appellant gave a creditor a sheaf of eleven counterfeit stock certificates as collateral. Appellant testified that he knew the certificates were counterfeit and was merely using them to “buy time,” intending to reclaim the certificates as soon as he could obtain the money to pay off the debt. He became concerned, however, and sent an agent to pick up the certificates. The creditor retained one certificate having a face value sufficient to cover the debt, and returned the balance. Appellant testified that the certificates were returned in a sealed envelope, and that he burned the envelope of certificates without noticing that one certificate was missing. Appellant did not pay his debt despite repeated promises to do so. Finally, in January 1970, the creditor mailed the certificate from California to Delaware for redemption, and its falsity was disclosed. Appellant was convicted of…