[Senate Report 112-204]
[From the U.S. Government Publishing Office]
Calendar No. 495
112th Congress Report
SENATE
2d Session 112-204
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SAFE DOSES ACT
_______
August 28, 2012.--Ordered to be printed
Filed, under authority of the order of the Senate of August 2, 2012
_______
Mr. Leahy, from the Committee on the Judiciary,
submitted the following
R E P O R T
[To accompany S. 1002]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to which was referred the
bill (S. 1002) to prohibit theft of medical products, and for
other purposes, having considered the same, reports favorably
thereon, with an amendment, and recommends that the bill, as
amended do pass.
CONTENTS
Page
I. Background and Purpose of the SAFE DOSES Act.....................1
II. History of the Bill and Committee Consideration..................2
III. Section-by-Section Summary of the Bill...........................3
IV. Congressional Budget Office Cost Estimate........................4
V. Regulatory Impact Evaluation.....................................5
VI. Conclusion.......................................................5
VII. Changes to Existing Law Made by the Bill, as Reported............5
I. Background and Purpose of the SAFE DOSES Act
The purpose of this bill--entitled ``Strengthening and
Focusing Enforcement to Deter Organized Stealing and Enhance
Safety Act,'' or ``SAFE DOSES Act''--is to combat large-scale
theft of pre-retail medical cargo--life-saving drugs that
millions of American citizens rely on to cure illness--before
they enter the stream of commerce. These thefts put patients at
risk that is posed by stolen medical products that are then
mishandled, stored improperly, and reintroduced into the supply
chain. For example, in 2010, over $75 million of prescription
drugs--including treatments for cancer, heart disease, and
neurological disorders including depression, ADHD and
schizophrenia were stolen from a warehouse in Connecticut.
Arrests were not made until two years later. In the meantime,
untold amounts of these drugs entered the stream of commerce,
potentially endangering those who purchased the drugs without
knowing of their suspect origins.\1\
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\1\In addition to this incident, major recent instances of pre-
retail medical product theft include (but are not limited to) the
following: January 9, 2012, 785 packs of Alcon/Ciba Vision contact
lenses were stolen en route to a distribution center in Georgia;
October 20, 2011, nearly 100 thousand bottles of Actavis drugs,
including 67,704 bottles of Oxycodone HCl (OxyContin) tablets, were
stolen en route from Elizabeth, New Jersey to a distribution center in
Kentucky; June 19, 2011, Abbott Diabetes Care reported that one tractor
trailer load of diabetes care products (mainly monitors and test
strips) were stolen from a shipping carrier facility in Louisville,
Kentucky; May 14, 2011, thousands of doses of prescription drugs used
to treat high blood pressure, antibiotic infections, depression and
anxiety disorders, colitis, and rheumatoid arthritis were stolen while
being delivered to a customer facility in the Northeast from Pfizer's
Memphis, Tennessee manufacturing plant; May 3, 2011, endoscopic and
urologic surgical devices produced by Boston Scientific Corporation
were stolen en route to the company's sterilization facility (the
products were already marked ``sterile'' though they had yet to be
sterilized and could cause infection if used); March 9, 2011, hundreds
of cases of infant formula products produced by Mead Johnson were
stolen from a truck stop in Cuba, Missouri; October 3, 2010, thousands
of over-the-counter and prescription drugs, including controlled pain
killing and anti-anxiety medicines, were stolen in a burglary from a
packaging facility in North Hollywood, California.
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The legislation increases sentences for the theft,
transportation and storage of medical product cargo, enhances
penalties for those who knowingly obtain stolen medical
products for resale, and increases sentences when harm occurs
(such as injury or death) or trust is broken (such as when a
defendant is employed by an organization in the supply chain).
The bill also addresses the increasingly serious problem of the
theft of controlled substances from pharmacies--an offense that
is already a Federal crime, but whose punishment bears
reexamination in light of the public health crisis posed by
prescription opioids, in particular.
The SAFE DOSES Act creates a new section within title 18 of
the United States Code specifically to criminalize and punish
the theft and trafficking of pre-retail medical products. The
bill is targeted to address those who knowingly steal medical
products before they enter the stream of commerce, and traffic
in them before they reach authorized providers. The bill is not
intended to address those who do not have knowledge of the
nature or provenance of the products, and is not intended to
capture inadvertent, accidental, or ignorant conduct. The bill
is structured in such a way that mens rea is required for all
elements of the offense, including the knowledge that the
contraband pre-retail medical products in question were in fact
unlawfully obtained.\2\ The purpose and intent of the bill is
to target for prosecution those knowingly involved in thefts,
not individuals who unknowingly purchase or possess pre-retail
medical products for personal use.
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\2\See, e.g., United States v. X-Citement Video, 513 U.S. 64
(1994); Staples v. United States, 511 U.S. 600 (1994).
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Finally, the bill provides additional tools to law
enforcement, such as wiretaps, and provides restitution to
victims injured by stolen medical products.
II. History of the Bill and Committee Consideration
A. INTRODUCTION OF THE BILL
The SAFE DOSES Act was introduced as S. 1002 on May 16,
2011, by Senator Schumer, Senator Bennet, Senator Blumenthal,
Senator Sherrod Brown, Senator Casey, Senator Coons, Senator
Graham, Senator Klobuchar, Senator Kyl, Senator Lautenberg,
Senator Lugar, Senator Bill Nelson, Senator Sessions, and
Senator Whitehouse. The bill was referred to the Committee on
the Judiciary. Since the date of introduction, Senator
Alexander, Senator Ayotte, Senator Scott Brown, Senator Coats,
Senator Coburn, Senator Cochran, Senator Corker, Senator
Cornyn, Senator Feinstein, Senator Gillibrand, Senator Hagan,
Senator Hatch, Senator Kirk, Senator Kohl, Senator Lee, Senator
Menendez, Senator Portman, Senator Roberts, Senator Wicker, and
Senator Wyden have joined as cosponsors.
B. COMMITTEE CONSIDERATION
The Committee on the Judiciary considered S. 1002 on March
8, 2012. Senator Schumer proposed an amendment in the nature of
a substitute. The amendment was agreed to by unanimous consent.
The Committee then voted to report the SAFE DOSES Act, as
amended, favorably to the Senate by voice vote.
III. Section-by-Section Summary of the Bill
Section 1. Short title
This section provides that the legislation may be cited as
the ``Strengthening and Focusing Enforcement to Deter Organized
Stealing and Enhance Safety Act'' or ``Safe Doses Act.''
Section 2. Theft of medical products
This section adds a new section 670 to Title 18, ``Theft of
medical products.''
(a) Prohibited Conduct. This subsection establishes the
offenses of (1) stealing a ``pre-retail medical product'' or
obtaining it by fraud; (2) falsifying the labeling or shipping
of documents of pre-retail medical product; (3) possessing,
transporting, or trafficking in a pre-retail product involved
in a violation of (1) or (2); (4) fraudulent obtaining an
expired or stolen pre-retail medical product; (5) fraudulent
selling or distributing an expired or stolen pre-retail medical
product; or (6) attempting or conspiring to violate (1) through
(5).
(b) Aggravated Offenses. This subsection establishes an
aggravated offense where (1) the defendant is an employee or
agent of an organization in the supply chain for the pre-retail
medical product or (2) the violation involves violence or a
deadly weapon, or causes serious bodily injury or death, or in
the defendant's second offense under this section.
(c) Criminal Penalties. This subsection establishes that
the penalty for a violation of this section shall be (1) up to
30 years if the offense causes serious bodily injury or death;
(2) if the value of the pre-retail medical products is greater
than $5,000, up to 20 if the offense is aggravated for a reason
other than serious bodily injury or death, and up to 15 years
otherwise; or (3) up to 3 years in any other case.
(d) Definitions. This subsection defines the term ``pre-
retail medical product'' as a medical product that has not yet
been made available for retail purchase by a consumer; it
defines a ``medical product'' as a drug, biological product,
device, medical food or infant formula, and incorporates
existing U.S. Code definitions for each of those terms; it
defines ``supply chain'' to include manufacturers, wholesalers,
distributors, brokers, pharmacies, hospitals and security
companies.
Section 3. Civil forfeiture
This section adds theft of pre-retail medical products to
the list of offenses for which civil forfeiture is available.
Section 4. Penalties for theft-related offenses
This section amends a handful of statutes\3\ that
prosecutors presently use in cases of large-scale cargo theft
to say that, when the offense charged under those sections
involve pre-retail medical products, they shall be punished
under Section 670.
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\3\18 U.S.C. Sec. 659; 18 U.S.C. Sec. 1952; 18 U.S.C.
Sec. 1957(b)(1); 18 U.S.C. Sec. 2117; 18 U.S.C. Sec. 2314; 18 U.S.C.
Sec. 2315.
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Section 5. Inclusion of new offense as RICO predicate
This section adds theft of medical products to the list of
Racketeer Influenced and Corrupt Organizations Act.
Section 6. Amendment to extend wiretapping authority to new offense
This section adds theft of medical products to the list of
offenses eligible for Title III wiretaps.
Section 7. Required restitution
This section adds theft of medical products to the list of
crimes requiring a restitution order.
IV. Congressional Budget Office Cost Estimate
The Committee sets forth, with respect to the bill, S.
1002, the following estimate and comparison prepared by the
Director of the Congressional Budget Office under section 402
of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 16, 2012.
Hon. Patrick J. Leahy,
Chairman, Committee on the Judiciary,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1002, the Safe Doses
Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 1002--Safe Doses Act
CBO estimates that implementing S. 1002 would have no
significant cost to the Federal Government. Enacting the bill
could affect direct spending and revenues; therefore, pay-as-
you-go procedures apply. However, CBO estimates that any
effects would be insignificant for each year.
S. 1002 would establish new Federal crimes relating to the
theft of certain medical products. As a result, the government
might be able to pursue criminal cases that it otherwise would
not be able to prosecute. CBO expects that S. 1002 would apply
to a relatively small number of additional offenders, however,
so any increase in costs for law enforcement, court
proceedings, or prison operations would not be significant. Any
such costs would be subject to the availability of appropriated
funds.
Because those prosecuted and convicted under S. 1002 could
be subject to civil and criminal fines, the Federal Government
might collect additional fines if the legislation is enacted.
Civil and criminal fines are recorded as revenues. Criminal
fines are deposited in the Crime Victims Fund, and later spent.
CBO expects that any additional revenues and direct spending
would not be significant because of the relatively small number
of cases likely to be affected.
S. 1002 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
V. Regulatory Impact Evaluation
In compliance with rule XXVI of the Standing Rules of the
Senate, the Committee finds that no significant regulatory
impact will result from the enactment of S. 1002.
VI. Conclusion
The SAFE DOSES Act, S. 1002, addresses crimes involving
stolen pre-retail medical products, which pose a serious risk
of injury to consumers. It does so by strengthening and
modernizing the Federal criminal code to provide well-
established and effective investigative tools to law
enforcement. This legislation is necessary to combat
increasingly sophisticated criminal organizations that traffic
in stolen medical products without regard for public safety.
VII. Changes to Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
S. 1002, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
UNITED STATES CODE
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
* * * * * * *
PART I--CRIMES
CHAPTER 31--EMBEZZLEMENT AND THEFT
* * * * * * *
Sec. 659. Interstate or foreign shipments by carrier; State
prosecutions
* * * * * * *
Whoever embezzles, steals, or unlawfully takes, carries
away, or conceals, or by fraud or deception obtains from any
pipeline system, railroad car, wagon, motortruck, trailer, or
other vehicle, or from any tank or storage facility, station,
station house, platform or depot or from any steamboat, vessel,
or wharf, or from any aircraft, air cargo container, air
terminal, airport, aircraft terminal or air navigation
facility, or from any intermodal container, trailer, container
freight station, warehouse, or freight consolidation facility,
with intent to convert to his own use any goods or chattels
moving as or which are a part of or which constitute an
interstate or foreign shipment of freight, express, or other
property; or
Whoever buys or receives or has in his possession any such
goods or chattels, knowing the same to have been embezzled or
stolen; or
Whoever embezzles, steals, or unlawfully takes, carries
away, or by fraud or deception obtains with intent to convert
to his own use any baggage which shall have come into the
possession of any common carrier for transportation in
interstate or foreign commerce or breaks into, steals, takes,
carries away, or conceals any of the contents of such baggage,
or buys, receives, or has in his possession any such baggage or
any article therefrom of whatever nature, knowing the same to
have been embezzled or stolen; or
Whoever embezzles, steals, or unlawfully takes by any
fraudulent device, scheme, or game, from any railroad car, bus,
vehicle, steamboat, vessel, or aircraft operated by any common
carrier moving in interstate or foreign commerce or from any
passenger thereon any money, baggage, goods, or chattels, or
whoever buys, receives, or has in his possession any such
money, baggage, goods, or chattels, knowing the same to have
been embezzled or stolen--
Shall be fined under this title or imprisoned not more than
10 years, or both, but if the amount or value of such money,
baggage, goods, or chattels is less than $1,000, shall be fined
under this title or imprisoned for not more than 3 years, or
both.
If the offense involves a pre-retail medical product (as
defined in section 670), it shall be punished under section 670
unless the penalties provided for under this section are
greater.
The offense shall be deemed to have been committed not only
in the district where the violation first occurred, but also in
any district in which the defendant may have taken or been in
possession of the said money, baggage, goods, or chattels.
The carrying or transporting of any such money, freight,
express, baggage, goods, or chattels in interstate or foreign
commerce, knowing the same to have been stolen, shall
constitute a separate offense and subject the offender to the
penalties under this section for unlawful taking, and the
offense shall be deemed to have been committed in any district
into which such money, freight, express, baggage, goods, or
chattels shall have been removed or into which the same shall
have been brought by such offender. To establish the interstate
or foreign commerce character of any shipment in any
prosecution under this section the waybill or other shipping
document of such shipment shall be prima facie evidence of the
place from which and to which such shipment was made. For
purposes of this section, goods and chattel shall be construed
to be moving as an interstate or foreign shipment at all points
between the point of origin and the final destination (as
evidenced by the waybill or other shipping document of the
shipment), regardless of any temporary stop while awaiting
transshipment or otherwise. The removal of property from a
pipeline system which extends interstate shall be prima facie
evidence of the interstate character of the shipment of the
property.
A judgment of conviction or acquittal on the merits under
the laws of any State shall be a bar to any prosecution under
this section for the same act or acts. Nothing contained in
this section shall be construed as indicating an intent on the
part of Congress to occupy the field in which provisions of
this section operate to the exclusion of State laws on the same
subject matter, nor shall any provision of this section be
construed as invalidating any provision of State law unless
such provision is inconsistent with any of the purposes of this
section or any provision thereof.
* * * * * * *
Sec. 670. Theft of Medical Products
(a) Prohibited Conduct.--Whoever, in, or using any means or
facility of, interstate or foreign commerce--
(1) embezzles, steals, or by fraud or deception
obtains, or knowingly and unlawfully takes, carries
away, or conceals, a pre-retail medical product;
(2) knowingly and falsely makes, alters, forges, or
counterfeits the labeling or documentation (including
documentation relating to origination or shipping) of a
pre-retail medical product;
(3) knowingly possesses, transports, or traffics in a
pre-retail medical product that was involved in a
violation of paragraph (1) or (2);
(4) with intent to defraud, buys, or otherwise
obtains, a pre-retail medical product that has expired
or been stolen;
(5) with intent to defraud, sells, or distributes, a
pre-retail medical product that is expired or stolen;
or
(6) attempts or conspires to violate any of
paragraphs (1) through (5); shall be punished as
provided in subsection (c) and subject to the other
sanctions provided in this section.
(b) Aggravated Offenses.--An offense under this section is
an aggravated offense if--
(1) the defendant is employed by, or is an agent of,
an organization in the supply chain for the pre-retail
medical product; or
(2) the violation--
(A) involves the use of violence, force, or a
threat of violence or force;
(B) involves the use of a deadly weapon;
(C) results in serious bodily injury or
death, including serious bodily injury or death
resulting from the use of the medical product
involved; or
(D) is subsequent to a prior conviction for
an offense under this section.
(c) Criminal Penalties.--Whoever violates subsection (a)--
(1) if the offense is an aggravated offense under
subsection (b)(2)(C), shall be fined under this title
or imprisoned not more than 30 years, or both;
(2) if the value of the medical products involved in
the offense is $5,000 or greater, shall be fined under
this title, imprisoned for not more than 15 years, or
both, but if the offense is an aggravated offense other
than one under subsection (b)(2)(C), the maximum term
of imprisonment is 20 years; and
(3) in any other case, shall be fined under this
title, imprisoned for not more than 3 years, or both,
but if the offense is an aggravated offense other than
one under subsection (b)(2)(C), the maximum term of
imprisonment is 5 years.
(d) Civil Penalties.--Whoever violates subsection (a) is
subject to a civil penalty in an amount not more than the
greater of--
(1) three times the economic loss attributable to the
violation; or
(2) $1,000,000.
(e) Definitions.--In this section--
(1) the term ``pre-retail medical product'' means a
medical product that has not yet been made available
for retail purchase by a consumer;
(2) the term ``medical product'' means a drug,
biological product, device, medical food, or infant
formula;
(3) the terms ``device'', ``drug'', ``infant
formula'', and ``labeling'' have, respectively, the
meanings given those terms in section 201 of the
Federal Food, Drug, and Cosmetic Act;
(4) the term ``biological product'' has the meaning
given the term in section 351 of the Public Health
Service Act;
(5) the term ``medical food'' has the meaning given
the term in section 5(b) of the Orphan Drug Act; and
(6) the term ``supply chain'' includes manufacturer,
wholesaler, repacker, own-labeled distributor, private-
label distributor, jobber, broker, drug trader,
transportation company, hospital, pharmacy, or security
company.
* * * * * * *
CHAPTER 46--FORFEITURE
* * * * * * *
Sec. 981(a)(1). Civil Forfeiture
* * * * * * *
(C) Any property, real or personal, which
constitutes or is derived from proceeds
traceable to a violation of section 215, 471,
472, 473, 474, 476, 477, 478, 479, 480, 481,
485, 486, 487, 488, 501, 502, 510, 542, 545,
656, 657, 670, 842, 844, 1005, 1006, 1007,
1014, 1028, 1029, 1030, 1032, or 1344 of this
title or any offense constituting ``specified
unlawful activity'' (as defined in section
1956(c)(7) of this title), or a conspiracy to
commit such offense.
* * * * * * *
CHAPTER 95--RACKETEERING
* * * * * * *
Sec. 1952. Interstate and foreign travel or transportation in aid of
racketeering enterprises
* * * * * * *
(a) Whoever travels in interstate or foreign commerce or
uses the mail or any facility in interstate or foreign
commerce, with intent to--
(1) distribute the proceeds of any unlawful activity;
or
(2) commit any crime of violence to further any
unlawful activity; or
(3) otherwise promote, manage, establish, carry on,
or facilitate the promotion, management, establishment,
or carrying on, of any unlawful activity, and
thereafter performs or attempts to perform--
(A) an act described in paragraph (1) or (3)
shall be fined under this title, imprisoned not
more than 5 years, or both; or
(B) an act described in paragraph (2) shall
be fined under this title, imprisoned for not
more than 20 years, or both, and if death
results shall be imprisoned for any term of
years or for life.
(b) As used in this section
(i) ``unlawful activity'' means
(1) any business enterprise involving
gambling, liquor on which the Federal excise
tax has not been paid, narcotics or controlled
substances (as defined in section 102(6) of the
Controlled Substances Act), or prostitution
offenses in violation of the laws of the State
in which they are committed or of the United
States,
(2) extortion, bribery, or arson in violation
of the laws of the State in which committed or
of the United States, or
(3) any act which is indictable under
subchapter II of chapter 53 of title 31, United
States Code, or under section 1956 or 1957 of
this title and
(ii) the term ``State'' includes a State of the
United States, the District of Columbia, and any
commonwealth, territory, or possession of the United
States.
(c) Investigations of violations under this section
involving liquor shall be conducted under the supervision of
the Attorney General.
(d) If the offense under this section involves an act
described in paragraph (1) or (3) of subsection (a) and also
involves a pre-retail medical product (as defined in section
670), the punishment for the offense shall be the same as the
punishment for an offense under section 670, unless the
punishment under subsection (a) is greater.
* * * * * * *
Sec. 1957(b). Engaging in monetary transactions in property derived
from specified unlawful activity
* * * * * * *
(1) Except as provided in paragraph (2), the punishment for
an offense under this section is a fine under title 18, United
States Code, or imprisonment for not more than ten years or
both. If the offense involves a pre-retail medical product (as
defined in section 670) the punishment for the offense shall be
the same as the punishment for an offense under section 670
unless the punishment under this subsection is greater.
(2) The court may impose an alternate fine to that
imposable under paragraph (1) of not more than twice the amount
of the criminally derived property involved in the transaction.
* * * * * * *
CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
* * * * * * *
Sec. 1961(1)(B). Definitions
* * * * * * *
(1) ``racketeering activity'' means
* * *
(B) any act which is indictable under any of
the following provisions of title 18, United
States Code: Section 201 (relating to bribery),
section 224 (relating to sports bribery),
sections 471, 472, and 473 (relating to
counterfeiting), section 659 (relating to theft
from interstate shipment) if the act indictable
under section 659 is felonious, section 664
(relating to embezzlement from pension and
welfare funds), section 670 (relating to theft
of medical products, sections 891-894 (relating
to extortionate credit transactions), section
1028 (relating to fraud and related activity in
connection with identification documents),
section 1029 (relating to fraud and related
activity in connection with access devices),
section 1084 (relating to the transmission of
gambling information), section 1341 (relating
to mail fraud), section 1343 (relating to wire
fraud), section 1344 (relating to financial
institution fraud), section 1425 (relating to
the procurement of citizenship or
nationalization unlawfully), section 1426
(relating to the reproduction of naturalization
or citizenship papers), section 1427 (relating
to the sale of naturalization or citizenship
papers), sections 1461-1465 (relating to
obscene matter), section 1503 (relating to
obstruction of justice), section 1510 (relating
to obstruction of criminal investigations),
section 1511 (relating to the obstruction of
State or local law enforcement), section 1512
(relating to tampering with a witness, victim,
or an informant), section 1513 (relating to
retaliating against a witness, victim, or an
informant), section 1542 (relating to false
statement in application and use of passport),
section 1543 (relating to forgery or false use
of passport), section 1544 (relating to misuse
of passport), section 1546 (relating to fraud
and misuse of visas, permits, and other
documents), sections 1581-1592 (relating to
peonage, slavery, and trafficking in persons),
section 1951 (relating to interference with
commerce, robbery, or extortion), section 1952
(relating to racketeering), section 1953
(relating to interstate transportation of
wagering paraphernalia), section 1954 (relating
to unlawful welfare fund payments), section
1955 (relating to the prohibition of illegal
gambling businesses), section 1956 (relating to
the laundering of monetary instruments),
section 1957 (relating to engaging in monetary
transactions in property derived from specified
unlawful activity), section 1958 (relating to
use of interstate commerce facilities in the
commission of murder-for-hire), section 1960
(relating to illegal money transmitters),
sections 2251, 2251A, 2252, and 2260 (relating
to sexual exploitation of children), sections
2312 and 2313 (relating to interstate
transportation of stolen motor vehicles),
sections 2314 and 2315 (relating to interstate
transportation of stolen property), section
2318 (relating to trafficking in counterfeit
labels for phonorecords, computer programs or
computer program documentation or packaging and
copies of motion pictures or other audiovisual
works), section 2319 (relating to criminal
infringement of a copyright), section 2319A
(relating to unauthorized fixation of and
trafficking in sound recordings and music
videos of live musical performances), section
2320 (relating to trafficking in goods or
services bearing counterfeit marks), section
2321 (relating to trafficking in certain motor
vehicles or motor vehicle parts), sections
2341-2346 (relating to trafficking in
contraband cigarettes), sections 2421-24
(relating to white slave traffic), sections
175-178 (relating to biological weapons),
sections 229-229F (relating to chemical
weapons), section 831 (relating to nuclear
materials
* * * * * * *
CHAPTER 103--ROBBERY AND BURGLARY
* * * * * * *
Sec. 2117. Breaking or entering carrier facilities
* * * * * * *
Whoever breaks the seal or lock of any railroad car,
vessel, aircraft, motortruck, wagon or other vehicle or of any
pipeline system, containing interstate or foreign shipments of
freight or express or other property, or enters any such
vehicle or pipeline system with intent in either case to commit
larceny therein, shall be fined under this title or imprisoned
not more than ten years, or both. If the offense involves a
pre-retail medical product (as defined in section 670) the
punishment for the offense shall be the same as the punishment
for an offense under section 670 unless the punishment under
this section is greater.
A judgment of conviction or acquittal on the merits under
the laws of any State shall be a bar to any prosecution under
this section for the same act or acts. Nothing contained in
this section shall be construed as indicating an intent on the
part of Congress to occupy the field in which provisions of
this section operate to the exclusion of State laws on the same
subject matter, nor shall any provision of this section be
construed as invalidating any provision of State law unless
such provision is inconsistent with any of the purposes of this
section or any provision thereof.
* * * * * * *
CHAPTER 113--STOLEN PROPERTY
* * * * * * *
Sec. 2314. Transportation of stolen goods, securities, moneys,
fraudulent State tax stamps, or articles used in
counterfeiting
* * * * * * *
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 intending 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; or
Whoever, with unlawful or fraudulent intent, transports in
interstate or foreign commerce any traveler's check bearing a
forged countersignature; or
Whoever, with unlawful or fraudulent intent, transports in
interstate or foreign commerce, any tool, implement, or thing
used or fitted to be used in falsely making, forging, altering,
or counterfeiting any security or tax stamps, or any part
thereof--
Shall be fined under this title or imprisoned not more than
ten years, or both.
If the offense involves a pre-retail medical product (as
defined in section 670) the punishment for the offense shall be
the same as the punishment for an offense under section 670
unless the punishment under this section is greater.
This section shall not apply to any falsely made, forged,
altered, counterfeited or spurious representation of an
obligation or other security of the United States, or of an
obligation, bond, certificate, security, treasury note, bill,
promise to pay or bank note issued by any foreign government.
This section also shall not apply to any falsely made, forged,
altered, counterfeited, or spurious representation of any bank
note or bill issued by a bank or corporation of any foreign
country which is intended by the laws or usage of such country
to circulate as money.
* * * * * * *
Sec. 2315. Sale or receipt of stolen goods, securities, moneys, or
fraudulent State tax stamps
* * * * * * *
Whoever receives, possesses, conceals, stores, barters,
sells, or disposes of any goods, wares, or merchandise,
securities, or money of the value of $5,000 or more, or pledges
or accepts as security for a loan any goods, wares, or
merchandise, or securities, of the value of $500 or more, which
have crossed a State or United States boundary after being
stolen, unlawfully converted, or taken, knowing the same to
have been stolen, unlawfully converted, or taken; or
Whoever receives, possesses, conceals, stores, barters,
sells, or disposes of any falsely made, forged, altered, or
counterfeited securities or tax stamps, or pledges or accepts
as security for a loan any falsely made, forged, altered, or
counterfeited securities or tax stamps, moving as, or which are
a part of, or which constitute interstate or foreign commerce,
knowing the same to have been so falsely made, forged, altered,
or counterfeited; or
Whoever receives in interstate or foreign commerce, or
conceals, stores, barters, sells, or disposes of, any tool,
implement, or thing used or intended to be used in falsely
making, forging, altering, or counterfeiting any security or
tax stamp, or any part thereof, moving as, or which is a part
of, or which constitutes interstate or foreign commerce,
knowing that the same is fitted to be used, or has been used,
in falsely making, forging, altering, or counterfeiting any
security or tax stamp, or any part thereof--
Shall be fined under this title or imprisoned not more than
ten years, or both.
If the offense involves a pre-retail medical product (as
defined in section 670) the punishment for the offense shall be
the same as the punishment for an offense under section 670
unless the punishment under this section is greater.
This section shall not apply to any falsely made, forged,
altered, counterfeited, or spurious representation of an
obligation or other security of the United States or of an
obligation, bond, certificate, security, treasury note, bill,
promise to pay, or bank note, issued by any foreign government.
This section also shall not apply to any falsely made, forged,
altered, counterfeited, or spurious representation of any bank
note or bill issued by a bank or corporation of any foreign
country which is intended by the laws or usage of such country
to circulate as money.
For purposes of this section, the term ``State'' includes a
State of the United States, the District of Columbia, and any
commonwealth, territory, or possession of the United States.
* * * * * * *
CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
INTERCEPTION OF ORAL COMMUNICATIONS
* * * * * * *
Sec. 2516(1). Transportation of stolen goods, securities, moneys,
fraudulent State tax stamps, or articles used in
counterfeiting
* * * * * * *
(1) The Attorney General, Deputy Attorney General,
Associate Attorney General, or any Assistant Attorney General,
any acting Assistant Attorney General, or any Deputy Assistant
Attorney General or acting Deputy Assistant Attorney General in
the Criminal Division or National Security Division specially
designated by the Attorney General, may authorize an
application to a Federal judge of competent jurisdiction for,
and such judge may grant in conformity with section 2518 of
this chapter an order authorizing or approving the interception
of wire or oral communications by the Federal Bureau of
Investigation, or a Federal agency having responsibility for
the investigation of the offense as to which the application is
made, when such interception may provide or has provided
evidence of--
* * *
(r) any criminal violation of section 1 (relating to
illegal restraints of trade or commerce), 2 (relating to
illegal monopolizing of trade or commerce), or 3 (relating to
illegal restraints of trade or commerce in territories or the
District of Columbia) of the Sherman Act (15 U.S.C. 1, 2, 3);
[or]
(s) any violation of section 670 (relating to theft of
medical products); or
(t) any conspiracy to commit any offense described in any
subparagraph of this paragraph.
* * * * * * *
PART II--CRIMINAL PROCEDURE
CHAPTER 232--MISCELLANEOUS SENTENCING PROVISIONS
* * * * * * *
Sec. 3663A(c)(1)(A). Mandatory restitution to victims of certain crimes
* * * * * * *
* * *
(c)
(1) This section shall apply in all sentencing
proceedings for convictions of, or plea agreements
relating to charges for, any offense--
(A) that is--
(i) a crime of violence, as defined
in section 16;
(ii) an offense against property
under this title, or under section
416(a) of the Controlled Substances Act
(21 U.S.C. 856 (a)), including any
offense committed by fraud or deceit;
[or]
(iii) an offense described in section
1365 (relating to tampering with
consumer products); [and] or
(iv) an offense under section 670
(relating to theft of medical
products); and
(B) in which an identifiable victim or
victims has suffered a physical injury or
pecuniary loss.