[mrmustang]

http://www.usdoj.gov/usao/eousa/foia...9/crm01376.htm



1376 Proving Violations of 18 U.S.C. § 2321


Section 2321 of Title 18 is a trafficking offense. The previous discussion relating to proving violations of 18 U.S.C. § 511 should be consulted. See this Manual at 1375. In the indictment for 18 U.S.C. § 2321 you may wish to use the false or altered VIN actually on the motor vehicle in order to help specify the motor vehicle which is the subject matter of the charge.
To establish a violation of 18 U.S.C. § 2321 the government must establish that: (1) the defendant acquired or possessed a road motor vehicle or component on which the vehicle identification number (VIN) or component identification number (after the component standard becomes effective) had been removed, obliterated, tampered with, or altered; (2) the identification number was one required by the United States Department of Transportation; (3) such removal, obliteration, tampering with, or alteration was done unlawfully; (4) the defendant was aware of the unlawful removal, obliteration, tampering with, or alteration; and (5) defendant had an intent to sell or otherwise dispose of the motor vehicle (or component part).
In most cases proof of the defendant's awareness of the stolen nature of the motor vehicle (or component) will satisfy the knowledge requirements. Also, the presence on the defendant's premises of several vehicles or numerous components lacking the proper numbers should help satisfy the knowledge and intent requirements.

and

http://www.usdoj.gov/usao/eousa/foia...9/crm01364.htm
1364 Altering or Removing Motor Vehicle Identification Numbers


Section 511(a) of Title 18 makes it a felony knowingly to remove, obliterate, tamper with, or alter an identification number for a road motor vehicle or a road motor vehicle part. Section 511(b) of Title 18 creates exceptions for certain persons who engage in lawful conduct that may result in removal or alteration of an identification number. The legislative history is abundantly clear that subsection (b) is not intended to create a loophole for the operators of "chop shops." See H.R.Rep. No. 1087 on H.R. 6257, 98th Congress, 2d Sess. 23-25 (1984).
Section 511(c) of Title 18 contains the definitions for "identification number," "motor vehicle," "motor vehicle demolisher," and "motor vehicle scrap processor." The term "identification number" means a number or symbol that is inscribed or affixed for purposes of identification under chapter 301 and Part C of subtitle VI of Title 49.
Title 49, Chapter 301 authorizes the Secretary of Transportation to promulgate motor vehicle safety standards. Pursuant to this authority, Federal Motor Vehicle Safety Standard No. 115-Vehicle Identification Number (49 C.F.R. §§ 571.115 and 565.1 to 565.5) requires public VIN numbers on road vehicles (passenger cars, multipurpose passenger vehicles, trucks, buses, trailers, and motorcycles). Part C of subtitle VI of Title 49 (49 U.S.C. § 33101 et seq.) authorizes the Secretary of Transportation to promulgate theft prevention (parts marking) standards. The parts marking regulations are set forth in 49 C.F.R. Part 541. The mandatory component identification requirement applies to certain high theft passenger car lines starting with model year 1987. In 1995, the theft prevention (parts marking) standard was expanded to include certain multipurpose passenger vehicles and certain non high theft lines beginning with model year 1997.
Again we are speaking about a set of Federal laws and mandates set forth by both the United States Department of Transportation and the Secretary of Transportation neither of which must answer to the state government of California, no matter how self important their members must make themselves feel.

Lot's more out there on the Federal level, none of which the state of California and it's internal government organizations appears to understand, nor follow.

Again, just my two cents worth on this subject.

Bill S.