[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1009 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1009

    To prohibit the fraudulent production, sale, transportation, or 
    possession of fictitious items purporting to be valid financial 
    instruments of the United States, foreign governments, States, 
   political subdivisions, or private organizations, to increase the 
    penalties for counterfeiting violations, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                June 30 (legislative day, June 19), 1995

  Mr. D'Amato introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
    To prohibit the fraudulent production, sale, transportation, or 
    possession of fictitious items purporting to be valid financial 
    instruments of the United States, foreign governments, States, 
   political subdivisions, or private organizations, to increase the 
    penalties for counterfeiting violations, and for other purposes.
    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 ``Financial Instruments Anti-Fraud Act 
of 1995''.
SEC. 2. INCREASED PENALTIES FOR COUNTERFEITING VIOLATIONS.

    Sections 474 and 474A of title 18, United States Code, are amended 
by striking ``class C felony'' each place such term appears and 
inserting ``class B felony''.

SEC. 3. CRIMINAL PENALTY FOR PRODUCTION, SALE, TRANSPORTATION, 
              POSSESSION OF FICTITIOUS FINANCIAL INSTRUMENTS PURPORTING 
              TO BE THOSE OF THE STATES, OF POLITICAL SUBDIVISIONS, AND 
              OF PRIVATE ORGANIZATIONS.

    (a) In General.--Chapter 27 of title 18, United States Code, is 
amended by inserting after section 513, the following new section:
``Sec. 514. Fictitious obligations
    ``(a) Whoever, with the intent to defraud--
            ``(1) draws, prints, processes, produces, publishes, or 
        otherwise makes, or attempts or causes the same, within the 
        United States;
            ``(2) passes, utters, presents, offers, brokers, issues, 
        sells, or attempts or causes the same, or with like intent 
        possesses, within the United States; or
            ``(3) utilizes interstate or foreign commerce, including 
        the use of the mails or wire, radio, or other electronic 
        communication, to transmit, transport, ship, move, transfer, or 
        attempts or causes the same, to, from, or through the United 
        States,
any false or fictitious instrument, document, or other item appearing, 
representing, purporting, or contriving through scheme or artifice, to 
be an actual security or other financial instrument issued under the 
authority of the United States, a foreign government, a State or other 
political subdivision of the United States, or an organization, shall 
be guilty of a class B felony.
    ``(b) For purposes of this section, any term used in this section 
that is defined in section 513(c) shall have the same meaning given 
such term in section 513(c).
    ``(c) The United States Secret Service, in addition to any other 
agency having such authority, shall have authority to investigate 
offenses under this section.''.
    (b) Technical Amendment.--The analysis for chapter 27 of title 18, 
United States Code, is amended by inserting after the item relating to 
section 513 the following:

``514. Fictitious obligations.''.
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