UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JAMES R. BROWN, Defendant-Appellant.
No. 10-12273
D.C. Docket No. 1:08-cr-00254-JTC-ECS-1
IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
December 23, 2011
[PUBLISH]
PER CURIAM:
After a jury trial, Defendant James R. Brown appeals his convictions for mail fraud and interstate transportation of forged securities, and his restitution order of $120,421.59. After oral argument and review of the briefs and record, we affirm.
I. BACKGROUND
A. U.S. Treasury Checks Payable to Weinstein
Defendant Brown‘s convictions arise from events occurring in August 2003. That month, Washington Mutual Group of Funds (“WM Funds“) received a new account application from Terry Clark of Consumer Concepts Investments, an investment firm. Clark was Defendant Brown‘s college friend and financial advisor. Attached to the application were two U.S. Treasury checks, totaling $297,435.83, for the account‘s opening deposit. The checks, dated February 28, 2003, were made payable to, and allegedly endorsed by, Frank Weinstein. Clark purported to submit the application on behalf of the alleged account holders, Weinstein, Anthony Stringer, and Defendant Brown, as “tenants by entirety” (the “Weinstein account“).
The application was mailed from Georgia to WM Funds’ Rhode Island location. It requested that the account be linked to a Capitol City Bank account held solely in Brown‘s name.
The investigation of the Weinstein checks led to Defendant Brown‘s indictment in 2008 for his 2003 conduct. The two-count indictment charged Brown with (1) attempting to commit and committing mail fraud, in violation of
[Defendant] James R. Brown . . . devised and participated in a scheme and artifice . . . to obtain money from the United States by means of false and fraudulent pretenses and representations to the effect that [Frank Weinstein] authorized the establishment of a WM Group of Funds mutual funds account, registered in [Weinstein]‘s name, on which defendant JAMES R. BROWN was a registered co-account holder, when in fact, as the defendant, JAMES R. BROWN, then well knew and believed, [Weinstein] did not authorize the establishment of a WM Group of Funds account using [Weinstein]‘s name.
Brown pled not guilty.
B. Rule 404(b) Evidence as to Winnick and Cassidy Checks
Before Defendant Brown‘s jury trial, the government filed a notice of intent to submit Rule 404(b) evidence: namely, Brown‘s “two prior fraud schemes” that occurred in late November and early December 2002, involving checks payable to Alexander Winnick and Mark Cassidy. Brown illegally obtained the checks, forged the payees’ signatures, and deposited the checks in fraudulent accounts. Brown created the accounts by providing a false social security number for the payees and listing himself as “tenants by entirety” with the payees. The government argued that both schemes, which were nearly identical to the indicted offense, would demonstrate Brown‘s intent underlying the charged conduct and show absence of mistake or accident.
Brown moved in limine to exclude the proposed evidence for two main reasons. First, the evidence was unnecessary, pursuant to Rule 404(b), because the government claimed to have “overwhelming” evidence of Brown‘s guilt on the indicted Weinstein-check charges. Second, the evidence was excludable under Rule 403 because its prejudicial effect substantially outweighed its relevance, and its presentation would unduly delay the trial.
On the first day of trial, before voir dire, the district court held a hearing on the admissibility of the Rule 404(b) evidence. The government reiterated its pretrial arguments. Further, the government argued that the evidence was inextricably intertwined and thus not subject to Rule 404(b). Defendant Brown also repeated his pretrial arguments.
The district court inquired as to the government‘s proof that Brown committed the two prior fraud schemes. After noting that Brown previously claimed he had no knowledge of the 2002 fraudulent transactions but was himself the victim of identity theft, the district court found that the evidence was admissible. The district court concluded that the evidence was “more 404(b) than inextricably intertwined” but determined the danger of prejudice was not greater than the evidence‘s probative
C. Trial Evidence as to Weinstein Account
The government first called John Hickey, an investigations manager for the corporate fraud unit of the bank that processed the Weinstein account on behalf of WM Funds. Hickey identified and discussed a series of exhibits.
Exhibit 1 was the Weinstein account application. The application listed Weinstein, Stringer, and Defendant Brown as tenants by entirety. The application bore their purported signatures and listed their social security numbers and birth dates. The account holders’ address was “170 Mapledale Lane, College Park, Georgia,” and the application listed two phone numbers, one with a California area code, and the other with a Georgia area code. Clark was named the investment professional. The application included a voided copy of a check for Capitol City Bank. The check stated the account was owned by “a James Brown, 170 Maple Dale Lane in College Park, Georgia.”
Exhibits 2 and 3 were two U.S. Treasury checks, which were payable to Weinstein and which had been attached to the Weinstein account application for deposit. The checks, purportedly endorsed by Weinstein, totaled $297,435.83. During the course of Hickey‘s investigation of the Weinstein account, Hickey concluded that Weinstein had not authorized the checks to be deposited into the Weinstein account. The account was thus not funded.
The government also called Weinstein‘s accountant Gregory Lacombe to testify. Lacombe had provided tax and financial consulting services to Weinstein from 1990 until Weinstein‘s death. In 2002, Lacombe assisted Weinstein in obtaining tax refund checks for the 1977, 1978, and 1979 tax years. Although the original refund checks were issued and mailed around February or March 2003, Weinstein never received them. Lacombe identified the previously introduced Exhibits 2 and 3 as Weinstein‘s tax refund checks, dated February 28, 2003, for tax years 1977 and 1978. Lacombe had reported the missing checks to the IRS, and the IRS reissued them later that year, one by direct deposit and one by hard copy. Weinstein received the reissued checks.
Lacombe testified that he was personally familiar with Weinstein‘s signature. Lacombe stated that the signatures on the two original U.S. Treasury checks and the Weinstein account application were not Weinstein‘s. However, the endorsement on the hard copy reissued check, which was introduced as an exhibit, was Weinstein‘s signature. Additionally, Lacombe testified that the Weinstein application listed the wrong social security number for Weinstein.
Next, IRS coordinator Gloria Jackson testified that two U.S. Treasury checks, totaling $297,435.83, were issued for tax refunds to Weinstein in February 2003. They were later cancelled, and new checks were issued in May and July 2003.
D. Trial Evidence as to Winnick and Cassidy Accounts
The rest of the government‘s presentation focused on two other fraudulent accounts created by Defendant Brown. Government witness Hickey testified that he recognized Brown‘s name during his investigation of the Weinstein account from two other WM Funds account applications. Hickey identified two exhibits as WM Funds account applications: one in the name of Brown and Mark Cassidy, and one in the name of Brown and Alexander Winnick.
As to the Winnick account, Hickey testified as follows. In late November 2002, the Winnick account was opened with WM Funds. Clark submitted the application on behalf of the account holders. The application listed the same account holder address and phone numbers as the Weinstein account. It also provided Winnick‘s and Brown‘s social security numbers. The Winnick account was first linked to a California bank account in the name of All American Legal Systems, Brown‘s business. Later, the account was linked to Brown‘s Capitol City Bank account. Only Brown had check-writing privileges on the Winnick account. The opening deposit for the Winnick account was a check purportedly written by Winnick for $9,825.00. However, like the Weinstein account, the account was never funded because a bank investigation revealed that the check was altered and Winnick had not authorized the check‘s deposit.
Winnick himself testified. He did not know Defendant Brown and had not authorized an application for an account at WM Funds. When shown a check from his account, Winnick testified that he had not written the check and had not given anyone permission to write it. The social security number listed as his on the WM Funds account application was not, in fact, his.
Government witness Hickey also testified about the Cassidy account, which was opened with WM Funds in December 2002. Clark purported to submit the application on behalf of the account holders. The application was purportedly signed by Cassidy and Brown. The application listed Brown‘s and Cassidy‘s social security numbers, as well as the same account holder address and phone numbers as the Weinstein and Winnick accounts. Attached to the application was a voided check for an account owned by All American Legal Systems; the check bore one of the same phone numbers as provided for the Weinstein account. Like the Winnick account, the Cassidy account was originally linked to All American Legal Systems’ California bank account before being linked to Brown‘s Capitol City Bank account. Brown was the only person with check-writing privileges on the Cassidy account.
According to Hickey, the opening deposit for the Cassidy account was a U.S. Treasury check for $77,799.04.1 The first recorded activity on the Cassidy account was a $40,000.00 wire transfer to Brown‘s Capitol City Bank account in January 2003. Following that transfer, a series of checks made payable to Brown personally, to Clark & Associates, and to various other individuals depleted the Cassidy account to a balance of $609.34. The signature on all of the checks was the signature WM Funds had on file for Brown.
Sherri Cassidy, Mark Cassidy‘s ex-wife, also testified about the Cassidy account. For the 1997 tax year, the then-married couple filed their taxes together. They anticipated a tax refund of approximately $75,000 but never received the
original refund check. The couple then filed a claim with the IRS for a reissuance of the refund check. Because they were married for nearly fifteen years before their divorce, Ms. Cassidy was familiar with Mr. Cassidy‘s signature. Mr. Cassidy‘s purported signature on the Cassidy account application was not his signature. The
Although Defendant Brown earlier had filed a motion in limine, he did not contemporaneously object to the Rule 404(b) testimony about the Winnick and Cassidy accounts.
E. Other Trial Evidence
The government called Lou Ann Finkelstein, an agent with the Treasury Inspector General for Tax Administration. Agent Finkelstein‘s job was to investigate allegations of fraud in connection with the IRS, and she was assigned to Defendant Brown‘s case. After investigating, Agent Finkelstein determined that Brown was a suspect in the case and arrested him in California in August 2008.
After Agent Finkelstein arrested him, Brown waived his Miranda rights and answered a series of questions from Agent Finkelstein. Brown stated that his purported signature on the Weinstein application was his, but he did not know Weinstein, Cassidy, or Winnick. Brown admitted that he had done business with Clark and was familiar with the mutual funds. Finally, Brown claimed that Weinstein had stolen his identity and that Brown needed to talk to Clark.
Agent Finkelstein also obtained Brown‘s California driver‘s license with his signature on it. The license was admitted as an exhibit, in addition to other documents, mostly court-related, that Brown had signed in Agent Finkelstein‘s presence on the day of his arrest.
Next, Agent Finkelstein testified about the Weinstein, Cassidy, and Winnick account applications. On the Weinstein account, Defendant Brown was the only applicant for whom the name, social security number, and date of birth all matched. Agent Finkelstein‘s testimony about the Cassidy and Winnick transactions largely repeated earlier testimony about the accounts. As to the Cassidy account, Agent Finkelstein did not have a handwriting expert verify that the signatures on the checks and documents were Brown‘s, because based on their appearance, they looked the same as Brown‘s signature on his license. Agent Finkelstein also testified that all of the U.S. Treasury checks at issue in the investigation belonged to California taxpayers.
Defendant Brown did not object to Agent Finkelstein‘s testimony concerning the Cassidy and Winnick accounts. However, after Agent Finkelstein‘s direct testimony, Brown requested a limiting instruction on the evidence‘s permissible uses. The district court instructed the jury accordingly, stating:
Members of the jury, Defendant is on trial only for the offenses specifically charged in the indictment. And you will have the indictment with you during your deliberations. Now, you have heard evidence during the testimony of Ms. Finkelstein tending to show that at some other time than the statements stated in the indictment of this case, that the Defendant allegedly committed acts similar to the acts that are charged in the indictment. Now, you may consider that evidence not to prove that the Defendant did the acts charged in the case, in this case, but only to prove the Defendant‘s state of mind. That is that the Defendant acted with the necessary intent and not through accident or mistake.
Now, therefore, when you are considering the evidence, if you find first that the government proved beyond a reasonable doubt that the Defendant did in fact commit the acts charged in the indictment and, two, that the Defendant also committed similar acts at other
times, then you may consider the similar acts in deciding whether the Defendant committed the acts charged in this case willfully and not through accident or mistake.
F. Brown‘s Motion for Judgment of Acquittal and Defense Case
After the government rested and outside the jury‘s presence, Defendant Brown moved for a judgment of acquittal. The district court denied the motion. When the jury returned to the courtroom, Brown made his Rule 29 motion in open court. The court again denied it.
Defendant Brown then presented his case, which consisted of one exhibit: a certified document from the Georgia Department of Driver Services depicting the photo from and information for Clark‘s driver‘s license. After resting, Brown renewed his motion for judgment of acquittal, which the district court again denied.
G. Jury Instructions
Without objection from either party, the district court instructed the jury as follows. First, the district court reiterated its previous limiting instruction on the permissible uses of the Rule 404(b) evidence. Second, it instructed the jury on the elements required to convict Brown of violating
[(1)] that the defendant knowingly devised or participated in a scheme to defraud or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises[; (2)] that the false or fraudulent pretenses, representations, or promises related to a material fact[; (3)] that the defendant acted willfully with an intent to defraud[;] and [(4)] that the defendant used the United States Postal Service by mailing or by causing to be mailed some matter or thing for the purpose of executing the scheme to defraud.
The district court elaborated that “[t]o act with the intent to defraud means to act knowingly and with the specific intent to deceive or cheat someone[,] ordinarily for the purpose of causing some financial loss to another, or bringing . . . some financial gain to oneself.” Third, as to Count Two, the district court instructed the jury that the elements required to convict Brown of violating
[(1)] [That] the defendant transported or caused to be transported in interstate commerce items of stolen property or items of converted property as described in the indictment[; (2)] that the items had a value of $5,000 or more[; and (3)], that the defendant transported the items willfully and with knowledge that the securities had been stolen or converted.2
Ultimately, the jury convicted Brown on both counts.
H. The Restitution Calculation and the Sentencing Hearing
Defendant Brown‘s Presentence Investigation Report (“PSI“) recommended restitution of $120,421.59. The PSI arrived at this figure by combining four figures: $12,671.32 in checks forged from Winnick‘s
Brown objected to the PSI‘s restitution calculation. He conceded that the Stringer and Weinstein check amounts, respectively $9,841.00 and $20,110.03, were correctly included in the calculation. However, Brown argued that the Winnick and Cassidy check amounts, respectively $12,671.32 and $77,799.04, were improperly included because those losses fell outside of the discrete scheme charged in the indictment.
At the sentencing hearing, Brown reiterated his arguments on the restitution calculation. The government responded that the Cassidy and Winnick transactions were not included in the indictment because they were outside the statute of limitations. Nonetheless, the government argued restitution for these accounts was due under this Court‘s precedent.
The district court overruled Brown‘s objection. The court found that “the evidence shows that the scheme included the Cassidy and Win[n]ick checks, the way of accomplishing that was the same.” Concluding that the applicable law “holds that you can award restitution for other victims of the same scheme, even though it wasn‘t the scheme that was the subject of the indictment,” the district court found the restitution owed was $120,421.59.
After hearing the parties’ arguments on the
II. DISCUSSION
A. Rule 404(b) Evidence
On appeal, Defendant Brown argues that the district court improperly admitted the Rule 404(b) evidence. Federal Rule of Evidence 404(b) provides that “[e]vidence of other crimes, wrongs, or acts” is inadmissible to prove the defendant‘s bad character in order to show conduct in conformity therewith. However, such evidence is admissible for other purposes, such as to prove intent or absence of mistake. Fed. R. Evid. 404(b). Even if otherwise admissible, the evidence may still be excluded “if its probative value is substantially outweighed by the danger of unfair prejudice . . . or by considerations of undue delay.” Fed. R. Evid. 403. A limiting instruction can diminish any unfair prejudice caused by the evidence‘s admission. See United States v. Spoerke, 568 F.3d 1236, 1251 (11th Cir. 2009).
We ordinarily review for abuse of discretion the district court‘s evidentiary ruling. United States v. Matthews, 431 F.3d 1296, 1311 (11th Cir. 2005). However, “the overruling of a motion in limine does not suffice” for preservation of an objection on appeal. United States v. Khoury, 901 F.2d 948, 966 (11th Cir. 1990). Here, Defendant Brown objected to the 404(b) evidence in his pretrial motion in limine but failed to renew his objection when the evidence was presented at trial. Because Brown failed to preserve his claim of evidentiary error, we would review only for plain error.3 See id.
Second, prior to admitting the evidence, the district court inquired as to whether the government had sufficient proof of the extrinsic acts. Third, the district court gave a limiting instruction to the jury, which cured “[a]ny possible unfair prejudice” posed by the 404(b) evidence. See Spoerke, 568 F.3d at 1251. Accordingly, the district court committed no error, plain or otherwise, by admitting evidence of the Cassidy and Winnick transactions.
B. Sufficiency of the Evidence at Trial
Defendant Brown contends that the evidence presented to the jury was insufficient to sustain his two convictions. We review de novo challenges to the sufficiency of the evidence. United States v. Langford, 647 F.3d 1309, 1319 (11th Cir. 2011). We “tak[e] the evidence in the light most favorable to the government and draw[] all reasonable inferences in favor of the jury‘s verdict.” Id. A conviction must be upheld unless a rational fact-finder could not have found the defendant guilty under any reasonable construction of the evidence. Id.
1. Conviction for Mail Fraud
Brown argues that there was no evidence indicating he acted with intent to defraud or he knew the transaction was fraudulent. However, viewing the evidence in the light most favorable to the government and the jury‘s verdict, we conclude the evidence was more than sufficient to support Brown‘s conviction on mail fraud in Count One.
The government‘s evidence demonstrated striking similarities among the Weinstein, Winnick, and Cassidy transactions. Brown was the one constant thread in all three WM Funds account applications. But the similarities were much greater than Brown purporting to be “tenants by entirety” with the victim payees of stolen and forged securities in each account. All three transactions occurred within a span of less than a year and involved fraudulently obtained checks, and the Weinstein and Cassidy accounts both involved U.S. Treasury tax refund checks. Even the manner in which the accounts were established was identical—each account was opened with the same mutual fund company (WM Funds); linked to Brown‘s Capitol City Bank account; gave only Brown check writing privileges; listed the same account holder address and phone numbers; submitted by the same person,
Moreover, Brown stated that he did not know the named beneficiaries on the checks and was in fact a victim of identity theft. Yet Brown was the only account holder who stood to benefit from the beneficiaries’ checks. Indeed, in the Cassidy account, Brown did benefit, for some of the checks written on the account were made payable to Brown himself. The evidence showed that the only other “tenants” on these accounts were all unknowing victims. A reasonable jury could use evidence of the prior Cassidy and Winnick transactions and of Brown‘s apparent use of the ill-gotten funds to support an inference of intent to defraud on the charged Weinstein conduct. In addition, the jury could reasonably rely on this evidence to negate Brown‘s defense at trial that he was himself the victim of identity theft.
2. Section 2314 Conviction for Interstate Transportation of Forged Securities
Brown argues his conviction for interstate transportation of forged securities, in violation of
As to Brown’s knowledge, we conclude, for the same reasons stated above, that the evidence was sufficient for the jury to infer Brown’s knowledge that the securities were stolen or forged.
As to the $5,000-or-more value element,5 we must construe, as a preliminary matter, the statutory meaning of “value” before we can determine whether the evidence was sufficient. The statutory interpretation issue, one of first impression in this circuit, is whether the value element is satisfied by the amount payable written on the face of the checks, when the checks themselves were cancelled months before they were transported in interstate commerce and were thus worthless.
We begin with the language of the statute. See United States v. Acosta, 421 F.3d 1195, 1197 (11th Cir. 2005). The relevant portion of
Although we have not squarely addressed what face value means under
The Fifth Circuit rejected Biegon’s argument. After noting
Although the Fifth Circuit is the only circuit to define face value directly under
In evaluating the defendant’s claim, the Sargent court also looked to the plain meaning of face value. Id. at 770. The Ninth Circuit, after observing that “[t]he statute does not define face value,” stated that face value’s plain meaning is “the value indicated on the face of a financial instrument.” Id. Moreover, the Ninth Circuit interpreted value under
As to our own precedent, the former Fifth Circuit’s holding in United States v. Robinson implicitly supports Onyiego’s and Sargent’s interpretations of face value. See 553 F.2d 429, 431 (5th Cir. 1977).7 In Robinson, the defendant was convicted under
The Robinson court, after noting
In sum, we agree that the plain meaning of face value—“the value indicated on the face of an instrument”—is conclusive as to the statutory interpretation issue. See MERRIAM-WEBSTER’S THIRD NEW INTERNATIONAL DICTIONARY UNABRIDGED 812 (3d ed. 2002); BLACK’S LAW DICTIONARY 668, 1233 (9th ed. 2009); see also United States v. Ron Pair Enters., Inc., 489 U.S. 235, 242, 109 S. Ct. 1026, 1031 (1989) (“The plain meaning of legislation should be conclusive, except in the rare cases in which the literal application of a statute will produce a result demonstrably at odds with the intentions of its drafters.” (internal quotation marks and alterations omitted)). Brown would have face value be the value indicated on the face of an instrument only if it is its “actual worth.” That is simply not face value. We hold that “face value” in the context of
Turning to this case, each of the two Weinstein U.S. Treasury checks indicated on their face that they had a value exceeding $5,000. Accordingly, the government produced sufficient evidence on the value
C. Restitution
Defendant Brown also challenges the district court’s restitution order of $120,421.59. Brown argues that the unindicted Winnick and Cassidy transactions should not have been included in the restitution order.
This Court reviews de novo the legality of a restitution order but reviews for clear error the factual findings underpinning a restitution order. United States v. Valladares, 544 F.3d 1257, 1269 (11th Cir. 2008). A district court lacks inherent authority to order restitution and derives it only as explicitly authorized by statute. Id. In this case, that authority is found in the Mandatory Victim Restitution Act (“MVRA”), which requires the district court to order restitution if the defendant is convicted of an offense “in which an identifiable victim or victims has suffered a . . . pecuniary loss.”
As the meaning of “victim” is crucial to this restitution issue, it is instructive to review the statutory language and history. Section 3663A(a)(2) of the MVRA defines “victim” as:
[A] person directly and proximately harmed as a result of the commission of an offense for which restitution may be ordered including, in the case of an offense that involves as an element a scheme, conspiracy, or pattern of criminal activity, any person directly harmed by the defendant’s criminal conduct in the course of the scheme, conspiracy, or pattern.
This expansive definition of “victim” is identical to that of
However,
[T]he term “victim” means a person directly and proximately harmed as a result of the commission of an offense for which restitution may be ordered including, in the case of an offense that involves as an element a scheme, conspiracy, or pattern of criminal activity, any person directly harmed by the defendant’s criminal conduct in the course of the scheme, conspiracy, or pattern . . . .
Following the amendment, courts viewed Congress’s action as intended to overturn in part the Supreme Court’s narrow interpretation of victim in Hughey. See United States v. Dickerson, 370 F.3d 1330, 1338, 1341 (11th Cir. 2004) (collecting cases). Courts have agreed that, in light of the expanded statutory language, restitution orders for conduct closely related to the offense of conviction are appropriate under either
We also addressed
The defendant in Valladares argued that she should not have to pay for the PRN scheme because it was not charged in the indictment. Id. at 1269. This Court noted that “the victim and the purpose of each scheme were the same.” Id. at 1268. Concluding that the PRN scheme was therefore “relevant conduct,” it followed that the restitution award could include the losses from both indicted and unindicted schemes. Id. at 1270.
With that background, we note that the district court here expressly found: “the evidence shows that the scheme included the Cassidy and Win[n]ick checks” because “the way of accomplishing th[em] was the same.” This fact finding is supported by the record and is not clearly erroneous. Indeed, the Cassidy and Winnick transactions fit well within the overarching scheme alleged in the indictment: in both, Brown sought to obtain money by means of false and fraudulent representations. As recounted at length above, the Cassidy and Winnick transactions were closely related and identical in every material respect to the Weinstein transaction.
Simply put, given its fact finding that the scheme included all the closely related and identical transactions, the district court properly included the Cassidy and Winnick transactions in the restitution order as they were “victims” within the meaning of the MVRA. That the indictment did not name Cassidy and Winnick is immaterial. See Dickerson, 370 F.3d at 1339 (“[C]ourts have held that restitution may be ordered to a victim not named in the indictment . . . .”). The Cassidy and Winnick transactions could be considered relevant conduct. Thus, the district court did not err in including them in the restitution order. See Valladares, 544 F.3d at 1270.
AFFIRMED.
Notes
Whoever transports, transmits, or transfers 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; or Whoever, having devised or intended to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transports or causes to be transported, or induces any person or persons to travel in, or to be transported in interstate or foreign commerce in the execution or concealment of a scheme or artifice to defraud that person or those persons of money or property having a value of $5,000 or more; or Whoever, with unlawful or fraudulent intent, transports in interstate or foreign commerce any falsely made, forged, altered, or counterfeited securities or tax stamps, knowing the same to have been falsely made, forged, altered, or counterfeited . . . Shall be fined under this title or imprisoned not more than ten years, or both.