From Overcriminalized.com:
Table of Contents
New:
■H.R. 3668: Counterfeit Drug Penalty Enhancement Act of 2011
■H.R. 3646: Foreign Manufacturers Legal Accountability Act of 2011
■H.R. 3636: Protect Veterans’ Memorials Act of 2011
■S. 1980: The Pirate Fishing Elimination Act
■S. 1950: Commercial Motor Vehicle Safety Enhancement Act of 2011
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H.R. 3668: Counterfeit Drug Penalty Enhancement Act of 2011
Sponsor: Meehan (R - PA)
Official Title: A bill to prevent trafficking in counterfeit drugs.
Status:
12/14/2011: Introduced in House
12/14/2011: Referred to House Judiciary Committee
Commentary: This bill would apply the current statute regarding counterfeit goods and services and apply it to drugs. The current statute that would be adopted here prohibits the “intentional[]” trafficking or attempts to traffic goods, services, or labels, packaging and related identifiers, and “knowingly” using a counterfeit mark that will “likely to cause confusion, to cause mistake, or to deceive.” A violation by an individual would be punishable by up to 20 years imprisonment and a fine of $4 million and a violation by non-individuals would be punishable by a fine up to $10 million. The bill would also add higher penalties for repeated offenders, with a violation by an individual being punishable by up to 20 years imprisonment and a fine of $8 million, and if not an individual, punishable by a fine up to $20 million. This bill is similar to H.R. 3468, also sponsored by Rep. Meehan, and is also similar to S. 1886, except for 1) the maximum prison term for individuals (20 years in S. 1886 and H.R. 3668 and life imprisonment in H.R. 3468); and 2) H.R. 3468 and H.R. 3668 do not contain the sentencing commission directive that is present in S. 1886.
H.R. 3646: Foreign Manufacturers Legal Accountability Act of 2011
Sponsor: Sutton (D - OH)
Official Title: A bill require foreign manufacturers of products imported into the United States to establish registered agents in the United States who are authorized to accept service of process against such manufacturers, and for other purposes.
Status:
12/13/2011: Introduced in House
12/13/2011: Referred to House Agriculture Committee
12/13/2011: Referred to House Energy and Commerce Committee
12/13/2011: Referred to House Ways and Means Committee
Commentary: This bill attempts to tie foreign manufacturers to a domestic agent that can be haled into court. The criminal law provision of this bill regards declarations of a person importing a covered product from outside the United States. That person would be required to make an “appropriate inquiry” into the importer’s compliance with this bill by seeking documentation from the exporter and checking the registry established in this bill. Additionally, the importer must also declare that “to the best of the person’s knowledge” the exporter has registered a U.S. agent. An importer must also not file a false declaration. A violation would be punishable “any appropriate penalty under section 592 of the Tariff Act of 1930 (19 U.S.C. 1592) or title 18, United States Code, with respect to importation of a covered product.” There is no appropriate intent requirement for these offenses. Furthermore, the penalty that would be assessed is also unclear, as it specifies a large trade act and the entire criminal code title of the U.S. Code.
H.R. 3636: Protect Veterans’ Memorials Act of 2011
Sponsor: Murphy (D - CT)
Official Title: A bill to amend Title 18, United States Code, to extend the stolen goods offense to cover all veterans' memorials, and for other purposes.
Status:
12/12/2011: Introduced in House
12/12/2011: Referred to House Judiciary Committee
Commentary: This bill would remove a de minimus requirement in the criminal offense for the transportation of stolen goods, securities, moneys, fraudulent state tax stamps, or article used in counterfeiting. 18 U.S.C. § 2314 currently requires that the stolen goods in question be valued at $5,000 or more. This bill would eliminate that requirement if the goods in question are a “veterans’ memorial” defined as “a grave marker, headstone, monument, or other object, intended to permanently honor a veteran or mark a veteran’s grave, or any monument that signifies an event of national military historical significance.” If one “know[s]” that the goods are been “stolen, converted or taken by fraud” a violation is punishable by up to 10 years imprisonment and a fine under Title 18, United States Code.
S. 1980: The Pirate Fishing Elimination Act
Sponsor: Inouye (D - HI)
Official Title: A bill to prevent, deter and eliminate illegal, unreported and unregulated fishing through port state measures.
Status:
12/12/2011: Introduced in Senate
12/12/2011: Referred to Senate Commerce, Science and Transportation Committee
Commentary: This bill aims to stop illegal, unreported, and unregulated fishing by denying port entry and services to vessels that engage in this activity. This bill contains no intent language as to the prohibited acts in regards to criminal and civil forfeiture. The prohibited acts include violating regulations, resisting arrest or search of vessel, and submitting false information. A violation is punishable by criminal forfeiture of “any property, real or personal, constituting or traceable to the gross proceeds taken, obtained, or retained, in connection with or as a result of the offense” and “any property, real or personal, used or intended to be used, in any manner, to commit or facilitate the commission of the offense” including fish and the vessel itself. For criminal enforcement, the bill only provides a minimal “knowingly” criminal intent term, and a violation is punishable, for an individual, by up to 5 years imprisonment and a $500,000 fine; and for an organization, the fine maximum is $1,000,000. A violation of some specific prohibited acts by individuals, who “in the exercise of due care should know that such person’s conduct violates such subsections” is punishable by up to 1 year imprisonment and a fine under Title 18, U.S. Code.
S. 1950: Commercial Motor Vehicle Safety Enhancement Act of 2011
Sponsor: Lautenberg (D - NJ)
Official Title: A bill to amend title 49, United States Code, to improve commercial motor vehicle safety and reduce commercial motor vehicle-related accidents and fatalities, to authorize the Federal Motor Carrier Safety Administration, and for other purposes.
Status:
12/7/2011: Introduced in Senate
12/7/2011: Referred to Senate Commerce, Science and Transportation Committee
12/14/2011: Hearing Held by Senate Commerce, Science and Transportation Committee
12/14/2011: Ordered to be reported with amendments favorably
Commentary: This bill would make a number of significant changes to the criminal provisions in Title 49. Several criminal fines are increased. The bill would create a national clearinghouse for controlled substances and alcohol test results for operators of commercial vehicles, as established by the Secretary of Transportation. A violation of any of the provisions of the clearinghouse section of this bill by any employer, employee, medical review officer, or service agent would be punishable under 49 U.S.C. § 521(b)(6)(B). This penalty provision provides that “[a]ny person who knowingly and willfully violates” the law is subject for up to 90 days imprisonment and a $5,000 fine. The bill would also permit the Secretary of Transportation to establish criminal penalties for a violation of privacy under this bill. This bill would also add potential criminal liability to the “evasion of regulations” that was formerly only subject to civil penalty. The intent terms of “knowingly and willfully” are removed from the statute, so that there is no intent requirement for either the civil or criminal penalty.
Table of Contents
New:
■H.R. 3668: Counterfeit Drug Penalty Enhancement Act of 2011
■H.R. 3646: Foreign Manufacturers Legal Accountability Act of 2011
■H.R. 3636: Protect Veterans’ Memorials Act of 2011
■S. 1980: The Pirate Fishing Elimination Act
■S. 1950: Commercial Motor Vehicle Safety Enhancement Act of 2011
--------------------------------------------------------------------------------
H.R. 3668: Counterfeit Drug Penalty Enhancement Act of 2011
Sponsor: Meehan (R - PA)
Official Title: A bill to prevent trafficking in counterfeit drugs.
Status:
12/14/2011: Introduced in House
12/14/2011: Referred to House Judiciary Committee
Commentary: This bill would apply the current statute regarding counterfeit goods and services and apply it to drugs. The current statute that would be adopted here prohibits the “intentional[]” trafficking or attempts to traffic goods, services, or labels, packaging and related identifiers, and “knowingly” using a counterfeit mark that will “likely to cause confusion, to cause mistake, or to deceive.” A violation by an individual would be punishable by up to 20 years imprisonment and a fine of $4 million and a violation by non-individuals would be punishable by a fine up to $10 million. The bill would also add higher penalties for repeated offenders, with a violation by an individual being punishable by up to 20 years imprisonment and a fine of $8 million, and if not an individual, punishable by a fine up to $20 million. This bill is similar to H.R. 3468, also sponsored by Rep. Meehan, and is also similar to S. 1886, except for 1) the maximum prison term for individuals (20 years in S. 1886 and H.R. 3668 and life imprisonment in H.R. 3468); and 2) H.R. 3468 and H.R. 3668 do not contain the sentencing commission directive that is present in S. 1886.
H.R. 3646: Foreign Manufacturers Legal Accountability Act of 2011
Sponsor: Sutton (D - OH)
Official Title: A bill require foreign manufacturers of products imported into the United States to establish registered agents in the United States who are authorized to accept service of process against such manufacturers, and for other purposes.
Status:
12/13/2011: Introduced in House
12/13/2011: Referred to House Agriculture Committee
12/13/2011: Referred to House Energy and Commerce Committee
12/13/2011: Referred to House Ways and Means Committee
Commentary: This bill attempts to tie foreign manufacturers to a domestic agent that can be haled into court. The criminal law provision of this bill regards declarations of a person importing a covered product from outside the United States. That person would be required to make an “appropriate inquiry” into the importer’s compliance with this bill by seeking documentation from the exporter and checking the registry established in this bill. Additionally, the importer must also declare that “to the best of the person’s knowledge” the exporter has registered a U.S. agent. An importer must also not file a false declaration. A violation would be punishable “any appropriate penalty under section 592 of the Tariff Act of 1930 (19 U.S.C. 1592) or title 18, United States Code, with respect to importation of a covered product.” There is no appropriate intent requirement for these offenses. Furthermore, the penalty that would be assessed is also unclear, as it specifies a large trade act and the entire criminal code title of the U.S. Code.
H.R. 3636: Protect Veterans’ Memorials Act of 2011
Sponsor: Murphy (D - CT)
Official Title: A bill to amend Title 18, United States Code, to extend the stolen goods offense to cover all veterans' memorials, and for other purposes.
Status:
12/12/2011: Introduced in House
12/12/2011: Referred to House Judiciary Committee
Commentary: This bill would remove a de minimus requirement in the criminal offense for the transportation of stolen goods, securities, moneys, fraudulent state tax stamps, or article used in counterfeiting. 18 U.S.C. § 2314 currently requires that the stolen goods in question be valued at $5,000 or more. This bill would eliminate that requirement if the goods in question are a “veterans’ memorial” defined as “a grave marker, headstone, monument, or other object, intended to permanently honor a veteran or mark a veteran’s grave, or any monument that signifies an event of national military historical significance.” If one “know[s]” that the goods are been “stolen, converted or taken by fraud” a violation is punishable by up to 10 years imprisonment and a fine under Title 18, United States Code.
S. 1980: The Pirate Fishing Elimination Act
Sponsor: Inouye (D - HI)
Official Title: A bill to prevent, deter and eliminate illegal, unreported and unregulated fishing through port state measures.
Status:
12/12/2011: Introduced in Senate
12/12/2011: Referred to Senate Commerce, Science and Transportation Committee
Commentary: This bill aims to stop illegal, unreported, and unregulated fishing by denying port entry and services to vessels that engage in this activity. This bill contains no intent language as to the prohibited acts in regards to criminal and civil forfeiture. The prohibited acts include violating regulations, resisting arrest or search of vessel, and submitting false information. A violation is punishable by criminal forfeiture of “any property, real or personal, constituting or traceable to the gross proceeds taken, obtained, or retained, in connection with or as a result of the offense” and “any property, real or personal, used or intended to be used, in any manner, to commit or facilitate the commission of the offense” including fish and the vessel itself. For criminal enforcement, the bill only provides a minimal “knowingly” criminal intent term, and a violation is punishable, for an individual, by up to 5 years imprisonment and a $500,000 fine; and for an organization, the fine maximum is $1,000,000. A violation of some specific prohibited acts by individuals, who “in the exercise of due care should know that such person’s conduct violates such subsections” is punishable by up to 1 year imprisonment and a fine under Title 18, U.S. Code.
S. 1950: Commercial Motor Vehicle Safety Enhancement Act of 2011
Sponsor: Lautenberg (D - NJ)
Official Title: A bill to amend title 49, United States Code, to improve commercial motor vehicle safety and reduce commercial motor vehicle-related accidents and fatalities, to authorize the Federal Motor Carrier Safety Administration, and for other purposes.
Status:
12/7/2011: Introduced in Senate
12/7/2011: Referred to Senate Commerce, Science and Transportation Committee
12/14/2011: Hearing Held by Senate Commerce, Science and Transportation Committee
12/14/2011: Ordered to be reported with amendments favorably
Commentary: This bill would make a number of significant changes to the criminal provisions in Title 49. Several criminal fines are increased. The bill would create a national clearinghouse for controlled substances and alcohol test results for operators of commercial vehicles, as established by the Secretary of Transportation. A violation of any of the provisions of the clearinghouse section of this bill by any employer, employee, medical review officer, or service agent would be punishable under 49 U.S.C. § 521(b)(6)(B). This penalty provision provides that “[a]ny person who knowingly and willfully violates” the law is subject for up to 90 days imprisonment and a $5,000 fine. The bill would also permit the Secretary of Transportation to establish criminal penalties for a violation of privacy under this bill. This bill would also add potential criminal liability to the “evasion of regulations” that was formerly only subject to civil penalty. The intent terms of “knowingly and willfully” are removed from the statute, so that there is no intent requirement for either the civil or criminal penalty.
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