From Overcriminalized.com:
Table of Contents
New:
S. 678: Economic Espionage Penalty Enhancement Act
Updates:
S. 216: Food Safety Accountability Act of 2011
--------------------------------------------------------------------------------
S. 678: Economic Espionage Penalty Enhancement Act
Sponsor: Kohl (D - WI)
Official Title: A bill to increase the penalties for economic espionage.
Status:
3/30/2011: Introduced in Senate
3/30/2011: Referred to Senate Judiciary Committee
Commentary: This bill would amend 18 U.S.C. § 1831(a) to increase the maximum criminal penalties for acts of economic espionage. Currently, subsection 1831(a) prohibits individuals from "knowingly" committing a wide range of acts associated with the misappropriation of trade secrets for the benefit of any foreign government, foreign instrumentality, or foreign agent. Violations of these provisions are punishable by criminal sanctions of up to 15 years imprisonment, fines under Title 18 of the U.S. Code, or both. S. 678 would increase the maximum term of incarceration available under § 1831(a) from 15 years to 20 years. The bill also instructs the U.S. Sentencing Commission to "review its guidelines and policy relating to a two-level enhancement for economic espionage" and consider amending such guidelines to: (1) "apply the two-level enhancement to the simple misappropriation of a trade secret"; (2) "apply an additional two-level enhancement if the defendant transmits or attempts to transmit the stolen trade secret outside of the United States and an additional three-level enhancement if the defendant instead commits economic espionage (i.e., he/she knew or intended that the offense would benefit a foreign government, foreign instrumentality, or foreign agent)"; and (3) "provide when a defendant transmits trade secrets outside of the United States or commits economic espionage, that the defendant should face a minimum offense level."
S. 216: Food Safety Accountability Act of 2011
Sponsor: Leahy (D - VT)
Official Title: A bill to increase penalties for certain knowing and intentional violations relating to food that is misbranded or adulterated.
Status:
1/27/2011: Introduced in Senate
1/27/2011: Referred to Senate Judiciary Committee
3/31/2011: Mark up in the Senate Judiciary Committee
3/31/2011: Ordered to be reported with an amendment in the nature of a substitute by Senate Judiciary Committee
3/31/2011: Reported to Senate with an amendment in the nature of a substitute by Senate Judiciary Committee
3/31/2011: Placed on Senate calendar
Commentary: This bill would create new criminal offenses under Title 18 of the U.S. Code for certain violations of the Food, Drug, and Cosmetic Act (21 U.S.C. § 321 et seq.). Specifically, S. 216 would criminalize food violations of subsections 301(a), (b), (c), and (k) of the Food, Drug, and Cosmetic Act (codified at 21 U.S.C. § 331) that a person engages in "knowingly and intentionally to defraud or mislead" and "with conscious disregard or reckless disregard of a risk of death or serious bodily injury." Such violations would subject an individual to criminal sanctions of up to ten years imprisonment, fines under Title 18 of the U.S. Code, or both. S. 216 has a slightly more protective criminal-intent (mens rea) requirement than S. 3767 from the 111th Congress (Senator Leahy's 2010 version of the legislation). However, the new bill still authorizes redundant criminal punishment for acts that are already criminalized under 21 U.S.C. §§ 331 and 333. Under current law, violations are punishable by up to three years imprisonment, up to $10,000 in fines, or both when they involve an "intent to defraud or mislead" on the part of the defendant. [Ed. note: The amended version of S. 216 that the Senate Judiciary Committee reported out for consideration by the full Senate redresses most of the redundancy problem described above.]
--------------------------------------------------------------------------------
Table of Contents
New:
S. 678: Economic Espionage Penalty Enhancement Act
Updates:
S. 216: Food Safety Accountability Act of 2011
--------------------------------------------------------------------------------
S. 678: Economic Espionage Penalty Enhancement Act
Sponsor: Kohl (D - WI)
Official Title: A bill to increase the penalties for economic espionage.
Status:
3/30/2011: Introduced in Senate
3/30/2011: Referred to Senate Judiciary Committee
Commentary: This bill would amend 18 U.S.C. § 1831(a) to increase the maximum criminal penalties for acts of economic espionage. Currently, subsection 1831(a) prohibits individuals from "knowingly" committing a wide range of acts associated with the misappropriation of trade secrets for the benefit of any foreign government, foreign instrumentality, or foreign agent. Violations of these provisions are punishable by criminal sanctions of up to 15 years imprisonment, fines under Title 18 of the U.S. Code, or both. S. 678 would increase the maximum term of incarceration available under § 1831(a) from 15 years to 20 years. The bill also instructs the U.S. Sentencing Commission to "review its guidelines and policy relating to a two-level enhancement for economic espionage" and consider amending such guidelines to: (1) "apply the two-level enhancement to the simple misappropriation of a trade secret"; (2) "apply an additional two-level enhancement if the defendant transmits or attempts to transmit the stolen trade secret outside of the United States and an additional three-level enhancement if the defendant instead commits economic espionage (i.e., he/she knew or intended that the offense would benefit a foreign government, foreign instrumentality, or foreign agent)"; and (3) "provide when a defendant transmits trade secrets outside of the United States or commits economic espionage, that the defendant should face a minimum offense level."
S. 216: Food Safety Accountability Act of 2011
Sponsor: Leahy (D - VT)
Official Title: A bill to increase penalties for certain knowing and intentional violations relating to food that is misbranded or adulterated.
Status:
1/27/2011: Introduced in Senate
1/27/2011: Referred to Senate Judiciary Committee
3/31/2011: Mark up in the Senate Judiciary Committee
3/31/2011: Ordered to be reported with an amendment in the nature of a substitute by Senate Judiciary Committee
3/31/2011: Reported to Senate with an amendment in the nature of a substitute by Senate Judiciary Committee
3/31/2011: Placed on Senate calendar
Commentary: This bill would create new criminal offenses under Title 18 of the U.S. Code for certain violations of the Food, Drug, and Cosmetic Act (21 U.S.C. § 321 et seq.). Specifically, S. 216 would criminalize food violations of subsections 301(a), (b), (c), and (k) of the Food, Drug, and Cosmetic Act (codified at 21 U.S.C. § 331) that a person engages in "knowingly and intentionally to defraud or mislead" and "with conscious disregard or reckless disregard of a risk of death or serious bodily injury." Such violations would subject an individual to criminal sanctions of up to ten years imprisonment, fines under Title 18 of the U.S. Code, or both. S. 216 has a slightly more protective criminal-intent (mens rea) requirement than S. 3767 from the 111th Congress (Senator Leahy's 2010 version of the legislation). However, the new bill still authorizes redundant criminal punishment for acts that are already criminalized under 21 U.S.C. §§ 331 and 333. Under current law, violations are punishable by up to three years imprisonment, up to $10,000 in fines, or both when they involve an "intent to defraud or mislead" on the part of the defendant. [Ed. note: The amended version of S. 216 that the Senate Judiciary Committee reported out for consideration by the full Senate redresses most of the redundancy problem described above.]
--------------------------------------------------------------------------------
No comments:
Post a Comment