Collapse to view only § 2328. Mandatory forfeiture
- § 2325. Definition
- § 2326. Enhanced penalties
- § 2327. Mandatory restitution
- § 2328. Mandatory forfeiture
§ 2325. DefinitionIn this chapter, the term “telemarketing or email marketing”—
(1) means a plan, program, promotion, or campaign that is conducted to induce—
(A) purchases of goods or services;
(B) participation in a contest or sweepstakes;
(C) a charitable contribution, donation, or gift of money or any other thing of value;
(D) investment for financial profit;
(E) participation in a business opportunity;
(F) commitment to a loan; or
(G) participation in a fraudulent medical study, research study, or pilot study,
by use of one or more interstate telephone calls, emails, text messages, or electronic instant messages initiated either by a person who is conducting the plan, program, promotion, or campaign or by a prospective purchaser or contest or sweepstakes participant or charitable contributor, donor, or investor; and
(2) does not include the solicitation through the posting, publication, or mailing of a catalog or brochure that—
(A) contains a written description or illustration of the goods, services, or other opportunities being offered;
(B) includes the business address of the solicitor;
(C) includes multiple pages of written material or illustration; and
(D) has been issued not less frequently than once a year,
if the person making the solicitation does not solicit customers by telephone, email, text message, or electronic instant message, but only receives interstate telephone calls, emails, text messages, or electronic instant messages initiated by customers in response to the written materials, whether in hard copy or digital format, and in response to those interstate telephone calls, emails, text messages, or electronic instant messages does not conduct further solicitation.
(Added Pub. L. 115–70, title IV, § 402(a)(2),
§ 2326. Enhanced penaltiesA person who is convicted of an offense under section 1028, 1029, 1341, 1342, 1343, 1344, or 1347 or section 1128B of the Social Security Act (42 U.S.C. 1320a–7b), or a conspiracy to commit such an offense, in connection with the conduct of telemarketing or email marketing—
(1) shall be imprisoned for a term of up to 5 years in addition to any term of imprisonment imposed under any of those sections, respectively; and
(2) in the case of an offense under any of those sections that—
(A) victimized ten or more persons over the age of 55; or
(B) targeted persons over the age of 55,
shall be imprisoned for a term of up to 10 years in addition to any term of imprisonment imposed under any of those sections, respectively.
(Added Pub. L. 103–322, title XXV, § 250002(a)(2), Sept. 13, 1994, 108 Stat. 2082; amended Pub. L. 105–184, §§ 3, 4, June 23, 1998, 112 Stat. 520; Pub. L. 115–70, title IV, § 402(a)(3), Oct. 18, 2017, 131 Stat. 1214.)
§ 2327. Mandatory restitution
(a)In General.—Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution to all victims of any offense for which an enhanced penalty is provided under section 2326.
(b)Scope and Nature of Order.—
(1)Directions.—The order of restitution under this section shall direct the defendant to pay to the victim (through the appropriate court mechanism) the full amount of the victim’s losses as determined by the court pursuant to paragraph (2).
(2)Enforcement.—An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A.
(3)Definition.—For purposes of this subsection, the term “full amount of the victim’s losses” means all losses suffered by the victim as a proximate result of the offense.
(4)Order mandatory.—
(A) The issuance of a restitution order under this section is mandatory.
(B) A court may not decline to issue an order under this section because of—
(i) the economic circumstances of the defendant; or
(ii) the fact that a victim has, or is entitled to, receive compensation for his or her injuries from the proceeds of insurance or any other source.
(c)Victim Defined.—In this section, the term “victim” has the meaning given that term in section 3663A(a)(2).
(Added Pub. L. 103–322, title XXV, § 250002(a)(2), Sept. 13, 1994, 108 Stat. 2082; amended Pub. L. 104–132, title II, § 205(e), Apr. 24, 1996, 110 Stat. 1232; Pub. L. 104–294, title VI, § 601(n), Oct. 11, 1996, 110 Stat. 3502; Pub. L. 105–184, § 5, June 23, 1998, 112 Stat. 520.)
§ 2328. Mandatory forfeiture
(a)In General.—The court, in imposing sentence on a person who is convicted of any offense for which an enhanced penalty is provided under section 2326, shall order that the defendant forfeit to the United States—
(1) any property, real or personal, constituting or traceable to gross proceeds obtained from such offense; and
(2) any equipment, software, or other technology used or intended to be used to commit or to facilitate the commission of such offense.
(b)Procedures.—The procedures set forth in section 413 of the Controlled Substances Act (21 U.S.C. 853), other than subsection (d) of that section, and in Rule 32.2 of the Federal Rules of Criminal Procedure, shall apply to all stages of a criminal forfeiture proceeding under this section.
(Added Pub. L. 115–70, title IV, § 402(a)(4), Oct. 18, 2017, 131 Stat. 1214.)