Page:United States Statutes at Large Volume 112 Part 1.djvu/546

 112 STAT. 520 PUBLIC LAW 105-184-^JUNE 23, 1998 June 23, 1998 [H.R. 1847] Telemarketing Fraud Prevention Act of 1998. 18 USC 1 note. Courts. Public Law 105-184 105th Congress 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 Prevention Act of 1998". SEC. 2. CRIMINAL FORFEITURE OF FRAUD PROCEEDS. Section 982 of title 18, United States Code, is amended— (1) in subsection (a)— (A) by redesignating the second paragraph designated as paragraph (6) as paragraph (7); and (B) by adding at the end the following: "(8) The Court, in sentencing a defendant convicted of an offense under section 1028, 1029, 1341, 1342, 1343, or 1344, or of a conspiracy to commit such an offense, if the offense involves telemarketing (as that term is defined in section 2325), shall order that the defendant forfeit to the United States any real or personal property— "(A) used or intended to be used to commit, to facilitate, or to promote the commission of such 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."; and (2) in subsection (b)(1)(A), by striking "(a)(1) or (a)(6)" and inserting "(a)(1), (a)(6), or (a)(8)". SEC. 3. PENALTY FOR TELEMARKETING FRAUD. Section 2326 of title 18, United States Code, is amended by striking "may" each place it appears and inserting "shall". SEC. 4. 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". SEC. 6. CLARIFICATION OF MANDATORY RESTITUTION. Section 2327 of title 18, United States Code, is amended— (1) in subsection (a), by striking "for any offense under this chapter" and inserting "to all victims of any offense for which an enhanced penalty is provided under section 2326"; and (2) by striking subsection (c) and inserting the following:

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