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- Subject: MOSKAL v. UNITED STATES, Syllabus
-
-
-
- (Slip Opinion)
- NOTE: Where it is feasible, a syllabus (headnote) will be released, as
- is being done in connection with this case, at the time the opinion is
- issued. The syllabus constitutes no part of the opinion of the Court but
- has been prepared by the Reporter of Decisions for the convenience of the
- reader. See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
- SUPREME COURT OF THE UNITED STATES
-
-
- Syllabus
-
-
-
- MOSKAL v. UNITED STATES
-
-
- certiorari to the united states court of appeals for the third circuit
-
- No. 89-964. Argued October 1, 1990 -- Decided December 3, 1990
-
- Petitioner participated in a "title washing" scheme in which automobile
- titles that had been altered to reflect rolled-back odometer mileage
- figures were sent from Pennsylvania to Virginia. After Virginia
- authorities, unaware of the alterations, issued Virginia titles
- incorporating the false figures, Moskal received the "washed" titles in
- Pennsylvania, where they were used in connection with car sales to
- unsuspecting buyers. Moskal was convicted of receiving two washed titles
- under 28 U. S. C. MDRV 2314, which prohibits the knowing transportation of
- "falsely made, forged, altered, or counterfeited securities" in interstate
- commerce. (Emphasis added.) In affirming Moskal's conviction, the Court
- of Appeals rejected his contention that, because the washed titles were
- genuine, inasmuch as the Virginia officials who issued them did not know of
- the falsity, the titles therefore were not "falsely made."
-
- Held: A person who receives genuine vehicle titles, knowing that they
- incorporate fraudulently tendered odometer readings, receives those titles
- knowing them to have been "falsely made" in violation of MDRV 2314. Pp.
- 2-14.
-
- (a) Moskal misconstrues the doctrine of lenity when he contends that
- because it is possible to read MDRV 2314 as applying only to forged or
- counterfeited securities, and because some courts have so read it, this
- Court should simply resolve the issue in his favor under that doctrine.
- The doctrine applies only to those situations in which a reasonable doubt
- persists about a statute's intended scope even after resort to the language
- and structure, legislative history, and motivating policies of the statute.
- Such factors demonstrate that MDRV 2314 unambiguously applies to Moskal's
- conduct. Pp. 2-4.
-
- (b) Both the plain meaning of the words "falsely made" and the
- legislative purpose underlying them provide ample support for applying MDRV
- 2314 to a fraudulent scheme for washing vehicle titles. The quoted words
- are broad enough, on their face, to encompass washed titles containing
- fraudulently tendered odometer readings, since such titles are made to
- contain false, or incorrect, information. The fact that the state
- officials responsible for issuing such titles did not know that they were
- incorporating false readings is irrelevant, since MDRV 2314 liability
- depends on transporting the "falsely made" security with unlawful or
- fraudulent intent and not on the scienter of the person who physically
- produces the security. Moskal's construction of MDRV 2314 as excluding any
- security that is "genuine" or valid deprives the "falsely made" phrase of
- any meaning independent of the statutory terms "forged" and
- "counterfeited," and therefore violates the established principle that a
- court should give effect, if possible, to every clause or word of a
- statute. That "falsely made" encompasses genuine documents containing
- false information is also supported by MDRV 2314's purpose of curbing the
- type of trafficking in fraudulent securities that depends for its success
- on the exploitation of interstate commerce to avoid detection by individual
- states, such as a title washing operation. The fact that the legislative
- history contains references to counterfeit securities but not to odometer
- rollback schemes does not require a different conclusion, since, in
- choosing the broad phrase "falsely made, forged, altered, or counterfeited
- securities," Congress sought to reach a class of frauds that exploited
- interstate commerce. This Court has never required that every permissible
- application of a statute be expressly referred to in its legislative
- history. Moreover, the Court's MDRV 2314 precedents specifically reject
- constructions that limit the statute to instances of fraud rather than the
- class of fraud encompassed by its language. See United States v. Sheridan,
- 329 U. S. 379, 390, 391; McElroy v. United States, 455 U. S. 642, 655, 656,
- 658. Pp. 4-9.
-
- (c) The foregoing reading of MDRV 2314 is not precluded by the
- principle of statutory construction requiring that, where a federal
- criminal statute uses a common-law term of established meaning without
- otherwise defining it, the term must generally be given that meaning.
- Although, at the time Congress enacted the relevant clause of MDRV 2314,
- many courts had interpreted "falsely made" to exclude documents that were
- false only in content, that interpretation was not universal, other courts
- having taken divergent views. Where no fixed usage existed at common law,
- it is more appropriate to inquire which of the common-law readings of the
- term best accords with the overall purpose of the statute, rather than
- simply to assume, for example, that Congress adopted the reading that was
- followed by the largest number of common-law courts. Moreover, Congress'
- general purpose in enacting a law may prevail over the "common-law meaning"
- rule of construction. Since the position of those common-law courts that
- define "falsely made" to exclude documents that are false only in content
- does not accord with Congress' broad purpose in enacting MDRV 2314 --
- namely to criminalize trafficking in fraudulent securities that exploits
- interstate commerce -- it is far more likely that Congress adopted the
- common-law view of "falsely made" that encompasses "genuine" documents that
- are false in content. Pp. 10-14.
-
- (d) Moskal's policy arguments for narrowly construing "falsely made"
- are unpersuasive. First, there is no evidence to suggest that States will
- deem washed titles automatically invalid -- thereby creating chaos in the
- stream of automobile commerce -- simply because federal law punishes those
- responsible for introducing such fraudulent securities into commerce.
- Second, construing "falsely made" to apply to securities containing false
- information will not criminalize a broad range of "innocent" conduct. A
- person who transports such securities in interstate commerce violates MDRV
- 2314 only if he does so with unlawful or fraudulent intent and if the false
- information is itself material, and conduct that satisfies these tests is
- not "innocent." Pp. 13-14.
-
- 888 F. 2d 283, affirmed.
-
- Marshall, J., delivered the opinion of the Court, in which Rehnquist, C.
- J., and White, Blackmun, and Stevens, JJ., joined. Scalia, J., filed a
- dissenting opinion, in which O'Connor and Kennedy, JJ., joined. Souter,
- J., took no part in the consideration or decision of the case.
-
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