[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1499 Received in Senate (RDS)]







104th CONGRESS
  2d Session
H. R. 1499


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 26, 1996

                                Received

_______________________________________________________________________

                                 AN ACT


 
    To improve the criminal law relating to fraud against consumers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Telemarketing Fraud Punishment and 
Prevention Act of 1996''.

SEC. 2. FORFEITURE OF FRAUD PROCEEDS.

    Section 982(a) of title 18, United States Code, is amended by 
adding at the end the following:
            ``(6) The Court, in sentencing a defendant for an offense 
        under section 2326, shall order that the defendant forfeit to 
        the United States any real or personal property--
                    ``(A) used or intended to be used to commit or to 
                promote the commission of such offense, if the court in 
                its discretion so determines, taking into consideration 
                the nature, scope, and proportionality of the use of 
                the property in the offense; and
                    ``(B) constituting, derived from, or traceable to 
                the gross receipts that the defendant obtained directly 
                or indirectly as a result of the offense,.''.

SEC. 3. SENTENCING GUIDELINES CHANGES.

    Pursuant to its authority under section 994(p) of title 28, United 
States Code, the United States Sentencing Commission shall review and 
amend the sentencing guidelines to provide a sentencing enhancement for 
any offense listed in section 2326 of title 18, United States Code--
            (1) by at least 4 levels if the circumstances authorizing 
        an additional term of imprisonment under section 2326(1) are 
        present; and
            (2) by at least 8 levels if the circumstances authorizing 
        an additional term of imprisonment under section 2326(2) are 
        present.

SEC. 4. INCREASED PUNISHMENT FOR USE OF FOREIGN LOCATION TO EVADE 
              PROSECUTION.

    Pursuant to its authority under section 994(p) of title 28, United 
States Code, the United States Sentencing Commission shall amend the 
sentencing guidelines to increase the offense level for any fraud 
offense by at least 2 levels if the defendant conducted activities to 
further the fraud from a foreign country.

SEC. 5. CLARIFICATION OF ENHANCEMENT OF PENALTIES.

    Section 2327(a) of title 18, United States Code, is amended by 
striking ``under this chapter'' and inserting ``for which an enhanced 
penalty is provided under section 2326 of this title''.

SEC. 6. ADDITION OF CONSPIRACY OFFENSES TO SECTION 2326 ENHANCEMENT.

    Section 2326 of title 18, United States Code, is amended by 
inserting ``, or a conspiracy to commit such an offense,'' after ``or 
1344''.

            Passed the House of Representatives September 25, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

                              By Jeff Trandahl,

                                                Assistant to the Clerk.