II
Calendar No. 148
110th CONGRESS
1st Session
S. 119
[Report No. 110–66]
IN THE SENATE OF THE UNITED STATES
January 4, 2007
Mr. Leahy (for himself, Mr. Bingaman, Mr. Harkin, Mr. Kerry, Mr. Lautenberg, Mr. Rockefeller, Mr. Dorgan, Mr. Schumer, Mr. Wyden, Ms. Cantwell, Mrs. Clinton, Mr. Menendez, Mr. Nelson of Florida, Mr. Durbin, Mrs. Feinstein, Ms. Landrieu, Mr. Feingold, Ms. Mikulski, Mrs. Boxer, Mr. Cardin, and Mr. Byrd) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
May 15, 2007
Reported by Mr. Leahy, with amendments
Omit the part struck through and insert the part printed in italic
A BILL
To prohibit profiteering and fraud relating to military action, relief, and reconstruction efforts, and for other purposes.
Short title
This Act may be cited as the
War Profiteering Prevention Act of
2007
.
Prohibition of profiteering
Prohibition
In general
Chapter 47 of title 18, United States Code, is amended by adding at the end the following:
War profiteering and fraud relating to military action, relief, and reconstruction efforts
Prohibition
In general
Whoever, in any matter involving a contract or the provision of goods or services, directly or indirectly, in connection with a war, military action, or relief or reconstruction activities within the jurisdiction of the United States Government, knowingly and willfully—
executes or attempts to execute a scheme or artifice to defraud the United States; or
materially overvalues any good or service
with the specific intent to defraudand excessively
profit from the war, military action, or relief or reconstruction
activities;;
falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
makes any materially false, fictitious, or fraudulent statements or representations; or
makes or uses any materially false writing or document knowing the same to contain any materially false, fictitious or fraudulent statement or entry;
Fine
A person convicted of an offense under paragraph (1) may be fined the greater of—
$1,000,000; or
if such person derives profits or other proceeds from the offense, not more than twice the gross profits or other proceeds.
Extraterritorial jurisdiction
There is extraterritorial Federal jurisdiction over an offense under this section.
Venue
A prosecution for an offense under this section may be brought—
as authorized by chapter 211 of this title;
in any district where any act in furtherance of the offense took place; or
in any district where any party to the contract or provider of goods or services is located.
.
Table of sections
The table of sections for chapter 47 of title 18, United States Code, is amended by adding at the end the following:
1039. War profiteering and fraud relating to military action, relief, and reconstruction efforts.
.
Civil forfeiture
Section 981(a)(1)(C) of title 18, United
States Code, is amended by inserting 1039,
after
1032,
.
Criminal forfeiture
Section 982(a)(2)(B) of title 18, United
States Code, is amended by striking or 1030
and inserting
1030, or 1039
.
RICO
Section 1956(c)(7)(D) of title 18, United
States Code, is amended by inserting the following: , section 1039
(relating to war profiteering and fraud relating to military action, relief,
and reconstruction efforts)
after liquidating agent of financial
institution),
.
Money laundering
Section 1956(c)(7)(D) of title 18, United
States Code, is amended by inserting after liquidating agent of
financial institution),
the following: section 1039 (relating to
war profiteering and fraud relating to military action, relief, and
reconstruction efforts),
.
RICO
Section
1961(1) of title 18, United States Code, is amended by inserting after
in connection with access devices),
the following:
section 1039 (relating to war profiteering and fraud relating to
military action, relief, and reconstruction efforts),
.
May 15, 2007
Reported with amendments
