[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1847 Reported in House (RH)]






                                                  Union Calendar No. 94
105th CONGRESS
  1st Session
                                H. R. 1847

                          [Report No. 105-158]

    To improve the criminal law relating to fraud against consumers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 10, 1997

Mr. Goodlatte introduced the following bill; which was referred to the 
                       Committee on the Judiciary

                             June 26, 1997

      Additional sponsors: Mr. McCollum, Mr. Buyer, and Mr. Wexler

                             June 26, 1997

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on June 
                               10, 1997]

_______________________________________________________________________

                                 A BILL


 
    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 Prevention Act 
of 1997''.

SEC. 2. FORFEITURE OF FRAUD PROCEEDS.

    Section 982(a) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(8) 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 
        proceeds 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. SENTENCING COMMISSION DUTIES.

    The Sentencing Commission shall ensure that the sentences, 
guidelines, and policy statements for offenders convicted of offenses 
described in sections 3 and 4 are appropriately severe and reasonably 
consistent with other relevant directives and with other guidelines.

SEC. 6. 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. 7. 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''.
                                     





                                                  Union Calendar No. 94

105th CONGRESS

  1st Session

                               H. R. 1847

                          [Report No. 105-158]

_______________________________________________________________________

                                 A BILL

    To improve the criminal law relating to fraud against consumers.

_______________________________________________________________________

                             June 26, 1997

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed