US (United States) Code. Title 18. Chapter 73: Obstruction of Justice

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure

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-CITE-

18 USC CHAPTER 73 - OBSTRUCTION OF JUSTICE 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 73 - OBSTRUCTION OF JUSTICE

.

-HEAD-

CHAPTER 73 - OBSTRUCTION OF JUSTICE

-MISC1-

Sec.

1501. Assault on process server.

1502. Resistance to extradition agent.

1503. Influencing or injuring officer or juror generally.

1504. Influencing juror by writing.

1505. Obstruction of proceedings before departments, agencies, and

committees.

1506. Theft or alteration of record or process; false bail.

1507. Picketing or parading.

1508. Recording, listening to, or observing proceedings of grand or

petit juries while deliberating or voting.

1509. Obstruction of court orders.

1510. Obstruction of criminal investigations.

1511. Obstruction of State or local law enforcement.

1512. Tampering with a witness, victim, or an informant.

1513. Retaliating against a witness, victim, or an informant.

1514. Civil action to restrain harassment of a victim or witness.

1514A. Civil action to protect against retaliation in fraud cases.

1515. Definitions for certain provisions; general provision.

1516. Obstruction of Federal audit.

1517. Obstructing examination of financial institution.

1518. Obstruction of criminal investigations of health care

offenses.

1519. Destruction, alteration, or falsification of records in

Federal investigations and bankruptcy.

1520. Destruction of corporate audit records.

AMENDMENTS

2002 - Pub. L. 107-204, title VIII, Sec. 802(b), 806(b), July 30,

2002, 116 Stat. 801, 804, added items 1514A, 1519, and 1520.

1996 - Pub. L. 104-191, title II, Sec. 245(b), Aug. 21, 1996, 110

Stat. 2018, added item 1518.

1990 - Pub. L. 101-647, title XXV, Sec. 2503(b), Nov. 29, 1990,

104 Stat. 4861, added item 1517.

1988 - Pub. L. 100-690, title VII, Sec. 7030, 7078(b), Nov. 18,

1988, 102 Stat. 4398, 4406, inserted ''; general provision'' in

item 1515 and added item 1516.

1982 - Pub. L. 97-291, Sec. 4(b), Oct. 12, 1982, 96 Stat. 1253,

substituted ''or juror'' for '', juror or witness'' after

''officer'' in item 1503, and added items 1512, 1513, 1514, and

1515.

1970 - Pub. L. 91-452, title VIII, Sec. 802(b), Oct. 15, 1970, 84

Stat. 937, added item 1511.

1967 - Pub. L. 90-123, Sec. 1(b), Nov. 3, 1967, 81 Stat. 362,

added item 1510.

1962 - Pub. L. 87-664, Sec. 6(b), Sept. 19, 1962, 76 Stat. 552,

substituted ''Obstruction of proceedings before departments,

agencies, and committees'' for ''Influencing or injuring witness

before agencies and committees'' in item 1505.

1960 - Pub. L. 86-449, title I, Sec. 102, May 6, 1960, 74 Stat.

86, added item 1509.

1956 - Act Aug. 2, 1956, ch. 879, Sec. 2, 70 Stat. 936, added

item 1508.

1950 - Act Sept. 23, 1950, ch. 1024, title I, Sec. 31(b), 64

Stat. 1019, added item 1507.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 3521 of this title.

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18 USC Sec. 1501 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 73 - OBSTRUCTION OF JUSTICE

-HEAD-

Sec. 1501. Assault on process server

-STATUTE-

Whoever knowingly and willfully obstructs, resists, or opposes

any officer of the United States, or other person duly authorized,

in serving, or attempting to serve or execute, any legal or

judicial writ or process of any court of the United States, or

United States magistrate judge; or

Whoever assaults, beats, or wounds any officer or other person

duly authorized, knowing him to be such officer, or other person so

duly authorized, in serving or executing any such writ, rule,

order, process, warrant, or other legal or judicial writ or process

-

Shall, except as otherwise provided by law, be fined under this

title or imprisoned not more than one year, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 769; Pub. L. 90-578, title IV,

Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101-650,

title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 103-322,

title XXXIII, Sec. 330016(1)(F), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 245 (Mar. 4, 1909, ch.

321, Sec. 140, 35 Stat. 1114).

The phrase ''Except as otherwise expressly provided by law'' was

inserted because sections 2231, 2232, and 2233 of this title

provide greater penalties for obstructing service of search

warrants.

Mandatory provisions were rephrased in the alternative.

Minor changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $300'' in last par.

-CHANGE-

CHANGE OF NAME

''United States magistrate judge'' substituted for ''United

States magistrate'' in text pursuant to section 321 of Pub. L.

101-650, set out as a note under section 631 of Title 28, Judiciary

and Judicial Procedure. Previously, ''United States magistrate''

substituted for ''United States commissioner'' pursuant to Pub. L.

90-578. See chapter 43 (Sec. 631 et seq.) of Title 28.

Reference to United States magistrate or to magistrate deemed to

refer to United States magistrate judge pursuant to section 321 of

Pub. L. 101-650, set out as a note under section 631 of Title 28.

-MISC4-

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-204, title VIII, Sec. 801, July 30, 2002, 116 Stat.

800, provided that: ''This title (enacting sections 1348, 1514A,

1519, and 1520 of this title, amending section 523 of Title 11,

Bankruptcy, and section 1658 of Title 28, Judiciary and Judicial

Procedure, and enacting provisions set out as notes under sections

994 and 1658 of Title 28) may be cited as the 'Corporate and

Criminal Fraud Accountability Act of 2002'.''

SHORT TITLE OF 1982 AMENDMENT

Pub. L. 97-291, Sec. 1, Oct. 12, 1982, 96 Stat. 1248, provided:

''That this Act (enacting sections 1512 to 1515, 3579, and 3580 of

this title, amending sections 1503, 1505, 1510, and 3146 of this

title and Rule 32 of the Federal Rules of Civil Procedure, and

enacting provisions set out as notes under sections 1512 and 3579

of this title) may be cited as the 'Victim and Witness Protection

Act of 1982'.''

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18 USC Sec. 1502 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 73 - OBSTRUCTION OF JUSTICE

-HEAD-

Sec. 1502. Resistance to extradition agent

-STATUTE-

Whoever knowingly and willfully obstructs, resists, or opposes an

extradition agent of the United States in the execution of his

duties, shall be fined under this title or imprisoned not more than

one year, or both.

-SOURCE-

(June 24, 1948, ch. 645, 62 Stat. 769; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(F), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 661 (R.S. 5277).

Said section 661 of title 18, U.S.C., 1940 ed., was incorporated

in this section and section 752 of this title.

Words ''an extradition agent of the United States'' were

substituted for ''such agent'' which was referred to in sections

3182 et seq. of this title.

A fine of ''$300'' was substituted for ''$1,000'' as the

mandatory maximum to harmonize with similar offenses in this

chapter. (See section 1501 of this title.)

Punishment provision was rephrased in the alternative.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $300''.

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18 USC Sec. 1503 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 73 - OBSTRUCTION OF JUSTICE

-HEAD-

Sec. 1503. Influencing or injuring officer or juror generally

-STATUTE-

(a) Whoever corruptly, or by threats or force, or by any

threatening letter or communication, endeavors to influence,

intimidate, or impede any grand or petit juror, or officer in or of

any court of the United States, or officer who may be serving at

any examination or other proceeding before any United States

magistrate judge or other committing magistrate, in the discharge

of his duty, or injures any such grand or petit juror in his person

or property on account of any verdict or indictment assented to by

him, or on account of his being or having been such juror, or

injures any such officer, magistrate judge, or other committing

magistrate in his person or property on account of the performance

of his official duties, or corruptly or by threats or force, or by

any threatening letter or communication, influences, obstructs, or

impedes, or endeavors to influence, obstruct, or impede, the due

administration of justice, shall be punished as provided in

subsection (b). If the offense under this section occurs in

connection with a trial of a criminal case, and the act in

violation of this section involves the threat of physical force or

physical force, the maximum term of imprisonment which may be

imposed for the offense shall be the higher of that otherwise

provided by law or the maximum term that could have been imposed

for any offense charged in such case.

(b) The punishment for an offense under this section is -

(1) in the case of a killing, the punishment provided in

sections 1111 and 1112;

(2) in the case of an attempted killing, or a case in which the

offense was committed against a petit juror and in which a class

A or B felony was charged, imprisonment for not more than 20

years, a fine under this title, or both; and

(3) in any other case, imprisonment for not more than 10 years,

a fine under this title, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 769; Pub. L. 97-291, Sec. 4(c),

Oct. 12, 1982, 96 Stat. 1253; Pub. L. 103-322, title VI, Sec.

60016, title XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat.

1974, 2147; Pub. L. 104-214, Sec. 1(3), Oct. 1, 1996, 110 Stat.

3017.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 241 (Mar. 4, 1909, ch.

321, Sec. 135, 35 Stat. 1113; June 8, 1945, ch. 178, Sec. 1, 59

Stat. 234).

The phrase ''other committing magistrate'' was substituted for

''officer acting as such commissioner'' in order to clarify

meaning.

Minor changes were made in phraseology.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-214 inserted at end ''If the

offense under this section occurs in connection with a trial of a

criminal case, and the act in violation of this section involves

the threat of physical force or physical force, the maximum term of

imprisonment which may be imposed for the offense shall be the

higher of that otherwise provided by law or the maximum term that

could have been imposed for any offense charged in such case.''

1994 - Pub. L. 103-322, Sec. 330016(1)(K), which directed the

substitution of ''fined under this title'' for ''fined not more

than $5,000'', could not be executed because the words ''fined not

more than $5,000'' did not appear in text subsequent to amendment

by Pub. L. 103-322, Sec. 60016. See below.

Pub. L. 103-322, Sec. 60016, designated existing provisions as

subsec. (a), substituted ''magistrate judge'' for ''commissioner''

in two places and ''punished as provided in subsection (b)'' for

''fined not more than $5,000 or imprisoned not more than five

years, or both'', and added subsec. (b).

1982 - Pub. L. 97-291, Sec. 4(c)(1), substituted ''or juror'' for

'', juror or witness'' after ''officer'' in section catchline.

Pub. L. 97-291, Sec. 4(c)(2), (3), substituted in text ''grand''

for ''witness, in any court of the United States or before any

United States commissioner or other committing magistrate, or any

grand'' after ''or impede any'', and struck out ''injures any party

or witness in his person or property on account of his attending or

having attended such court or examination before such officer,

commissioner, or other committing magistrate, or on account of his

testifying or having testified to any matter pending therein, or''

after ''discharge of his duty, or''.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-291 effective Oct. 12, 1982, see section

9(a) of Pub. L. 97-291, set out as an Effective Date note under

section 1512 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 201, 1512, 1961, 2516,

3142 of this title; title 7 section 12a; title 29 section 1111.

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18 USC Sec. 1504 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 73 - OBSTRUCTION OF JUSTICE

-HEAD-

Sec. 1504. Influencing juror by writing

-STATUTE-

Whoever attempts to influence the action or decision of any grand

or petit juror of any court of the United States upon any issue or

matter pending before such juror, or before the jury of which he is

a member, or pertaining to his duties, by writing or sending to him

any written communication, in relation to such issue or matter,

shall be fined under this title or imprisoned not more than six

months, or both.

Nothing in this section shall be construed to prohibit the

communication of a request to appear before the grand jury.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 770; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 243 (Mar. 4, 1909, ch.

321, Sec. 137, 35 Stat. 1113).

Last paragraph was added to remove the possibility that a proper

request to appear before a grand jury might be construed as a

technical violation of this section.

Minor changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $1,000'' in first par.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 201 of this title.

-CITE-

18 USC Sec. 1505 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 73 - OBSTRUCTION OF JUSTICE

-HEAD-

Sec. 1505. Obstruction of proceedings before departments, agencies,

and committees

-STATUTE-

Whoever, with intent to avoid, evade, prevent, or obstruct

compliance, in whole or in part, with any civil investigative

demand duly and properly made under the Antitrust Civil Process

Act, willfully withholds, misrepresents, removes from any place,

conceals, covers up, destroys, mutilates, alters, or by other means

falsifies any documentary material, answers to written

interrogatories, or oral testimony, which is the subject of such

demand; or attempts to do so or solicits another to do so; or

Whoever corruptly, or by threats or force, or by any threatening

letter or communication influences, obstructs, or impedes or

endeavors to influence, obstruct, or impede the due and proper

administration of the law under which any pending proceeding is

being had before any department or agency of the United States, or

the due and proper exercise of the power of inquiry under which any

inquiry or investigation is being had by either House, or any

committee of either House or any joint committee of the Congress -

Shall be fined under this title or imprisoned not more than five

years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 770; Pub. L. 87-664, Sec. 6(a),

Sept. 19, 1962, 76 Stat. 551; Pub. L. 91-452, title IX, Sec. 903,

Oct. 15, 1970, 84 Stat. 947; Pub. L. 94-435, title I, Sec. 105,

Sept. 30, 1976, 90 Stat. 1389; Pub. L. 97-291, Sec. 4(d), Oct. 12,

1982, 96 Stat. 1253; Pub. L. 103-322, title XXXIII, Sec.

330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 241a, (Mar. 4, 1909,

ch. 321, Sec. 135a, as added Jan. 13, 1940, ch. 1, 54 Stat. 13;

June 8, 1945, ch. 178, Sec. 2, 59 Stat. 234).

Word ''agency'' was substituted for the words ''independent

establishment, board, commission'' in two instances to eliminate

any possible ambiguity as to scope of section. (See definitive

section 6 of this title.)

Minor changes were made in phraseology.

-REFTEXT-

REFERENCES IN TEXT

The Antitrust Civil Process Act, referred to in text, is Pub. L.

87-664, Sept. 19, 1962, 76 Stat. 548, as amended, which is

classified generally to chapter 34 (Sec. 1311 et seq.) of Title 15,

Commerce and Trade. For complete classification of this Act to the

Code, see Short Title note set out under section 1311 of Title 15

and Tables.

-MISC2-

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000'' in last par.

1982 - Pub. L. 97-291 struck out first two paragraphs which

provided, respectively, that whoever corruptly, or by threats or

force, or by any threatening letter or communication, endeavored to

influence, intimidate, or impede any witness in any proceeding

pending before any department or agency of the United States, or in

connection with any inquiry or investigation being had by either

House, or any committee of either House, or any joint committee of

the Congress, and whoever injured any party or witness in his

person or property on account of his attending or having attended

such proceeding, inquiry, or investigation, or on account of his

testifying or having testified to any matter pending therein, would

be subject to the penalty set forth in the last paragraph, and in

the fourth paragraph substituted ''any pending'' for ''such'' after

''law under which'', and substituted ''any'' for ''such'' before

''department'' and before ''inquiry''.

1976 - Pub. L. 94-435 struck out ''section 1968 of this title''

after ''Antitrust Civil Process Act'', inserted ''withholds,

misrepresents'' after ''willfully'', ''covers up'' after

''conceals'', ''answers to written interrogatories, or oral

testimony'', after ''any documentary material'', and ''or attempts

to do so or solicits another to do so;'' after ''such demand''.

1970 - Pub. L. 91-452 inserted reference to section 1968 of this

title.

1962 - Pub. L. 87-664 substituted section catchline ''Obstruction

of proceedings before departments, agencies, and committees'' for

''Influencing or injuring witness before agencies and committees''

and punished the willful removal, concealment, destruction,

mutilation, alteration or falsification of documents which were the

subject of a demand under the Antitrust Civil Process Act if done

with the intent to prevent compliance with a civil investigative

demand.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-291 effective Oct. 12, 1982, see section

9(a) of Pub. L. 97-291, set out as an Effective Date note under

section 1512 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-435 effective Sept. 30, 1976, see section

106 of Pub. L. 94-435, set out as a note under section 1311 of

Title 15, Commerce and Trade.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 201, 1515 of this title;

title 29 section 1111.

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18 USC Sec. 1506 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 73 - OBSTRUCTION OF JUSTICE

-HEAD-

Sec. 1506. Theft or alteration of record or process; false bail

-STATUTE-

Whoever feloniously steals, takes away, alters, falsifies, or

otherwise avoids any record, writ, process, or other proceeding, in

any court of the United States, whereby any judgment is reversed,

made void, or does not take effect; or

Whoever acknowledges, or procures to be acknowledged in any such

court, any recognizance, bail, or judgment, in the name of any

other person not privy or consenting to the same -

Shall be fined under this title or imprisoned not more than five

years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 770; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 233 (Mar. 4, 1909, ch.

321, Sec. 127, 35 Stat. 1111).

The term of imprisonment was reduced from 7 to 5 years, to

conform the punishment with like ones for similar offenses. (See

section 1503 of this title.)

Minor changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000'' in last par.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 29 section 1111.

-CITE-

18 USC Sec. 1507 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 73 - OBSTRUCTION OF JUSTICE

-HEAD-

Sec. 1507. Picketing or parading

-STATUTE-

Whoever, with the intent of interfering with, obstructing, or

impeding the administration of justice, or with the intent of

influencing any judge, juror, witness, or court officer, in the

discharge of his duty, pickets or parades in or near a building

housing a court of the United States, or in or near a building or

residence occupied or used by such judge, juror, witness, or court

officer, or with such intent uses any sound-truck or similar device

or resorts to any other demonstration in or near any such building

or residence, shall be fined under this title or imprisoned not

more than one year, or both.

Nothing in this section shall interfere with or prevent the

exercise by any court of the United States of its power to punish

for contempt.

-SOURCE-

(Added Sept. 23, 1950, ch. 1024, title I, Sec. 31(a), 64 Stat.

1018; amended Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K),

Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000'' in first par.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 50 sections 782, 795.

-CITE-

18 USC Sec. 1508 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 73 - OBSTRUCTION OF JUSTICE

-HEAD-

Sec. 1508. Recording, listening to, or observing proceedings of

grand or petit juries while deliberating or voting

-STATUTE-

Whoever knowingly and willfully, by any means or device

whatsoever -

(a) records, or attempts to record, the proceedings of any

grand or petit jury in any court of the United States while such

jury is deliberating or voting; or

(b) listens to or observes, or attempts to listen to or

observe, the proceedings of any grand or petit jury of which he

is not a member in any court of the United States while such jury

is deliberating or voting -

shall be fined under this title or imprisoned not more than one

year, or both.

Nothing in paragraph (a) of this section shall be construed to

prohibit the taking of notes by a grand or petit juror in any court

of the United States in connection with and solely for the purpose

of assisting him in the performance of his duties as such juror.

-SOURCE-

(Added Aug. 2, 1956, ch. 879, Sec. 1, 70 Stat. 935; amended Pub. L.

103-322, title XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat.

2147; Pub. L. 104-294, title VI, Sec. 601(f)(13), Oct. 11, 1996,

110 Stat. 3500.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-294 realigned margins for provisions beginning

''shall be fined'' and ending ''one year, or both.''

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $1,000'' in par. following par. (b).

-CITE-

18 USC Sec. 1509 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 73 - OBSTRUCTION OF JUSTICE

-HEAD-

Sec. 1509. Obstruction of court orders

-STATUTE-

Whoever, by threats or force, willfully prevents, obstructs,

impedes, or interferes with, or willfully attempts to prevent,

obstruct, impede, or interfere with, the due exercise of rights or

the performance of duties under any order, judgment, or decree of a

court of the United States, shall be fined under this title or

imprisoned not more than one year, or both.

No injunctive or other civil relief against the conduct made

criminal by this section shall be denied on the ground that such

conduct is a crime.

-SOURCE-

(Added Pub. L. 86-449, title I, Sec. 101, May 6, 1960, 74 Stat. 86;

amended Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), Sept. 13,

1994, 108 Stat. 2147.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $1,000'' in first par.

-CITE-

18 USC Sec. 1510 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 73 - OBSTRUCTION OF JUSTICE

-HEAD-

Sec. 1510. Obstruction of criminal investigations

-STATUTE-

(a) Whoever willfully endeavors by means of bribery to obstruct,

delay, or prevent the communication of information relating to a

violation of any criminal statute of the United States by any

person to a criminal investigator shall be fined under this title,

or imprisoned not more than five years, or both.

(b)(1) Whoever, being an officer of a financial institution, with

the intent to obstruct a judicial proceeding, directly or

indirectly notifies any other person about the existence or

contents of a subpoena for records of that financial institution,

or information that has been furnished to the grand jury in

response to that subpoena, shall be fined under this title or

imprisoned not more than 5 years, or both.

(2) Whoever, being an officer of a financial institution,

directly or indirectly notifies -

(A) a customer of that financial institution whose records are

sought by a grand jury subpoena; or

(B) any other person named in that subpoena;

about the existence or contents of that subpoena or information

that has been furnished to the grand jury in response to that

subpoena, shall be fined under this title or imprisoned not more

than one year, or both.

(3) As used in this subsection -

(A) the term ''an officer of a financial institution'' means an

officer, director, partner, employee, agent, or attorney of or

for a financial institution; and

(B) the term ''subpoena for records'' means a Federal grand

jury subpoena or a Department of Justice subpoena (issued under

section 3486 of title 18), for customer records that has been

served relating to a violation of, or a conspiracy to violate -

(i) section 215, 656, 657, 1005, 1006, 1007, 1014, 1344,

1956, 1957, or chapter 53 of title 31; or

(ii) section 1341 or 1343 affecting a financial institution.

(c) As used in this section, the term ''criminal investigator''

means any individual duly authorized by a department, agency, or

armed force of the United States to conduct or engage in

investigations of or prosecutions for violations of the criminal

laws of the United States.

(d)(1) Whoever -

(A) acting as, or being, an officer, director, agent or

employee of a person engaged in the business of insurance whose

activities affect interstate commerce, or

(B) is engaged in the business of insurance whose activities

affect interstate commerce or is involved (other than as an

insured or beneficiary under a policy of insurance) in a

transaction relating to the conduct of affairs of such a

business,

with intent to obstruct a judicial proceeding, directly or

indirectly notifies any other person about the existence or

contents of a subpoena for records of that person engaged in such

business or information that has been furnished to a Federal grand

jury in response to that subpoena, shall be fined as provided by

this title or imprisoned not more than 5 years, or both.

(2) As used in paragraph (1), the term ''subpoena for records''

means a Federal grand jury subpoena for records that has been

served relating to a violation of, or a conspiracy to violate,

section 1033 of this title.

-SOURCE-

(Added Pub. L. 90-123, Sec. 1(a), Nov. 3, 1967, 81 Stat. 362;

amended Pub. L. 97-291, Sec. 4(e), Oct. 12, 1982, 96 Stat. 1253;

Pub. L. 101-73, title IX, Sec. 962(c), Aug. 9, 1989, 103 Stat. 502;

Pub. L. 102-550, title XV, Sec. 1528, Oct. 28, 1992, 106 Stat.

4065; Pub. L. 103-322, title XXXII, Sec. 320604(c), title XXXIII,

Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2119, 2147; Pub. L.

104-191, title II, Sec. 248(c), Aug. 21, 1996, 110 Stat. 2020.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b)(3)(B). Pub. L. 104-191 which directed the

insertion of ''or a Department of Justice subpoena (issued under

section 3486 of title 18),'' after ''subpoena'', was executed by

making the insertion after ''subpoena'' the second place it

appeared to reflect the probable intent of Congress.

1994 - Subsec. (a). Pub. L. 103-322, Sec. 330016(1)(K),

substituted ''fined under this title'' for ''fined not more than

$5,000''.

Subsec. (d). Pub. L. 103-322, Sec. 320604(c), added subsec. (d).

1992 - Subsec. (b)(3)(B)(i). Pub. L. 102-550 substituted ''1344,

1956, 1957, or chapter 53 of title 31'' for ''or 1344''.

1989 - Subsecs. (b), (c). Pub. L. 101-73 added subsec. (b) and

redesignated former subsec. (b) as (c).

1982 - Subsec. (a). Pub. L. 97-291 struck out '',

misrepresentation, intimidation, or force or threats thereof''

after ''bribery'', and struck out provision applying the penalties

provided by this subsection to whoever injured any person in his

person or property on account of the giving by such person or any

other person of any information relating to a violation of any

criminal statute of the United States to any criminal investigator.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-291 effective Oct. 12, 1982, see section

9(a) of Pub. L. 97-291, set out as an Effective Date note under

section 1512 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1961, 2516, 3142 of this

title; title 29 section 1111.

-CITE-

18 USC Sec. 1511 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 73 - OBSTRUCTION OF JUSTICE

-HEAD-

Sec. 1511. Obstruction of State or local law enforcement

-STATUTE-

(a) It shall be unlawful for two or more persons to conspire to

obstruct the enforcement of the criminal laws of a State or

political subdivision thereof, with the intent to facilitate an

illegal gambling business if -

(1) one or more of such persons does any act to effect the

object of such a conspiracy;

(2) one or more of such persons is an official or employee,

elected, appointed, or otherwise, of such State or political

subdivision; and

(3) one or more of such persons conducts, finances, manages,

supervises, directs, or owns all or part of an illegal gambling

business.

(b) As used in this section -

(1) ''illegal gambling business'' means a gambling business

which -

(i) is a violation of the law of a State or political

subdivision in which it is conducted;

(ii) involves five or more persons who conduct, finance,

manage, supervise, direct, or own all or part of such business;

and

(iii) has been or remains in substantially continuous

operation for a period in excess of thirty days or has a gross

revenue of $2,000 in any single day.

(2) ''gambling'' includes but is not limited to pool-selling,

bookmaking, maintaining slot machines, roulette wheels, or dice

tables, and conducting lotteries, policy, bolita or numbers

games, or selling chances therein.

(3) ''State'' means any State of the United States, the

District of Columbia, the Commonwealth of Puerto Rico, and any

territory or possession of the United States.

(c) This section shall not apply to any bingo game, lottery, or

similar game of chance conducted by an organization exempt from tax

under paragraph (3) of subsection (c) of section 501 of the

Internal Revenue Code of 1986, as amended, if no part of the gross

receipts derived from such activity inures to the benefit of any

private shareholder, member, or employee of such organization,

except as compensation for actual expenses incurred by him in the

conduct of such activity.

(d) Whoever violates this section shall be punished by a fine

under this title or imprisonment for not more than five years, or

both.

-SOURCE-

(Added Pub. L. 91-452, title VIII, Sec. 802(a), Oct. 15, 1970, 84

Stat. 936; amended Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.

2095; Pub. L. 103-322, title XXXIII, Sec. 330016(2)(C), Sept. 13,

1994, 108 Stat. 2148.)

-REFTEXT-

REFERENCES IN TEXT

Paragraph (3) of subsection (c) of section 501 of the Internal

Revenue Code of 1986, referred to in subsec. (c), is classified to

section 501(c)(3) of Title 26, Internal Revenue Code.

-MISC2-

AMENDMENTS

1994 - Subsec. (d). Pub. L. 103-322 substituted ''fine under this

title'' for ''fine of not more than $20,000''.

1986 - Subsec. (c). Pub. L. 99-514 substituted ''Internal Revenue

Code of 1986'' for ''Internal Revenue Code of 1954''.

CONGRESSIONAL STATEMENT OF FINDINGS

Section 801 of title VIII of Pub. L. 91-452 provided that: ''The

Congress finds that illegal gambling involves widespread use of,

and has an effect upon, interstate commerce and the facilities

thereof.''

PRIORITY OF STATE LAWS

Section 811 of title VIII of Pub. L. 91-452 provided that: ''No

provision of this title (enacting this section and section 1955 of

this title, amending section 2516 of this title, and enacting

provisions set out as notes under this section and section 1955 of

this title) indicates an intent on the part of the Congress to

occupy the field in which such provision operates to the exclusion

of the law of a state or possession, or a political subdivision of

a State or possession, on the same subject matter, or to relieve

any person of any obligation imposed by any law of any State or

possession, or political subdivision of a State or possession.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1961, 2516 of this title.

-CITE-

18 USC Sec. 1512 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 73 - OBSTRUCTION OF JUSTICE

-HEAD-

Sec. 1512. Tampering with a witness, victim, or an informant

-STATUTE-

(a)(1) Whoever kills or attempts to kill another person, with

intent to -

(A) prevent the attendance or testimony of any person in an

official proceeding;

(B) prevent the production of a record, document, or other

object, in an official proceeding; or

(C) prevent the communication by any person to a law

enforcement officer or judge of the United States of information

relating to the commission or possible commission of a Federal

offense or a violation of conditions of probation, parole, or

release pending judicial proceedings;

shall be punished as provided in paragraph (3).

(2) Whoever uses physical force or the threat of physical force

against any person, or attempts to do so, with intent to -

(A) influence, delay, or prevent the testimony of any person in

an official proceeding;

(B) cause or induce any person to -

(i) withhold testimony, or withhold a record, document, or

other object, from an official proceeding;

(ii) alter, destroy, mutilate, or conceal an object with

intent to impair the integrity or availability of the object

for use in an official proceeding;

(iii) evade legal process summoning that person to appear as

a witness, or to produce a record, document, or other object,

in an official proceeding; or

(iv) be absent from an official proceeding to which that

person has been summoned by legal process; or

(C) hinder, delay, or prevent the communication to a law

enforcement officer or judge of the United States of information

relating to the commission or possible commission of a Federal

offense or a violation of conditions of probation, supervised

release, parole, or release pending judicial proceedings;

shall be punished as provided in paragraph (3).

(3) The punishment for an offense under this subsection is -

(A) in the case of murder (as defined in section 1111), the

death penalty or imprisonment for life, and in the case of any

other killing, the punishment provided in section 1112;

(B) in the case of -

(i) an attempt to murder; or

(ii) the use or attempted use of physical force against any

person;

imprisonment for not more than 20 years; and

(C) in the case of the threat of use of physical force against

any person, imprisonment for not more than 10 years.

(b) Whoever knowingly uses intimidation, threatens, or corruptly

persuades another person, or attempts to do so, or engages in

misleading conduct toward another person, with intent to -

(1) influence, delay, or prevent the testimony of any person in

an official proceeding;

(2) cause or induce any person to -

(A) withhold testimony, or withhold a record, document, or

other object, from an official proceeding;

(B) alter, destroy, mutilate, or conceal an object with

intent to impair the object's integrity or availability for use

in an official proceeding;

(C) evade legal process summoning that person to appear as a

witness, or to produce a record, document, or other object, in

an official proceeding; or

(D) be absent from an official proceeding to which such

person has been summoned by legal process; or

(3) hinder, delay, or prevent the communication to a law

enforcement officer or judge of the United States of information

relating to the commission or possible commission of a Federal

offense or a violation of conditions of probation (FOOTNOTE 1)

supervised release,, (FOOTNOTE 1) parole, or release pending

judicial proceedings;

(FOOTNOTE 1) So in original.

shall be fined under this title or imprisoned not more than ten

years, or both.

(c) Whoever corruptly -

(1) alters, destroys, mutilates, or conceals a record,

document, or other object, or attempts to do so, with the intent

to impair the object's integrity or availability for use in an

official proceeding; or

(2) otherwise obstructs, influences, or impedes any official

proceeding, or attempts to do so,

shall be fined under this title or imprisoned not more than 20

years, or both.

(d) Whoever intentionally harasses another person and thereby

hinders, delays, prevents, or dissuades any person from -

(1) attending or testifying in an official proceeding;

(2) reporting to a law enforcement officer or judge of the

United States the commission or possible commission of a Federal

offense or a violation of conditions of probation (FOOTNOTE 1)

supervised release,, (FOOTNOTE 1) parole, or release pending

judicial proceedings;

(3) arresting or seeking the arrest of another person in

connection with a Federal offense; or

(4) causing a criminal prosecution, or a parole or probation

revocation proceeding, to be sought or instituted, or assisting

in such prosecution or proceeding;

or attempts to do so, shall be fined under this title or imprisoned

not more than one year, or both.

(e) In a prosecution for an offense under this section, it is an

affirmative defense, as to which the defendant has the burden of

proof by a preponderance of the evidence, that the conduct

consisted solely of lawful conduct and that the defendant's sole

intention was to encourage, induce, or cause the other person to

testify truthfully.

(f) For the purposes of this section -

(1) an official proceeding need not be pending or about to be

instituted at the time of the offense; and

(2) the testimony, or the record, document, or other object

need not be admissible in evidence or free of a claim of

privilege.

(g) In a prosecution for an offense under this section, no state

of mind need be proved with respect to the circumstance -

(1) that the official proceeding before a judge, court,

magistrate judge, grand jury, or government agency is before a

judge or court of the United States, a United States magistrate

judge, a bankruptcy judge, a Federal grand jury, or a Federal

Government agency; or

(2) that the judge is a judge of the United States or that the

law enforcement officer is an officer or employee of the Federal

Government or a person authorized to act for or on behalf of the

Federal Government or serving the Federal Government as an

adviser or consultant.

(h) There is extraterritorial Federal jurisdiction over an

offense under this section.

(i) A prosecution under this section or section 1503 may be

brought in the district in which the official proceeding (whether

or not pending or about to be instituted) was intended to be

affected or in the district in which the conduct constituting the

alleged offense occurred.

(j) If the offense under this section occurs in connection with a

trial of a criminal case, the maximum term of imprisonment which

may be imposed for the offense shall be the higher of that

otherwise provided by law or the maximum term that could have been

imposed for any offense charged in such case.

(k) Whoever conspires to commit any offense under this section

shall be subject to the same penalties as those prescribed for the

offense the commission of which was the object of the conspiracy.

-SOURCE-

(Added Pub. L. 97-291, Sec. 4(a), Oct. 12, 1982, 96 Stat. 1249;

amended Pub. L. 99-646, Sec. 61, Nov. 10, 1986, 100 Stat. 3614;

Pub. L. 100-690, title VII, Sec. 7029(a), (c), Nov. 18, 1988, 102

Stat. 4397, 4398; Pub. L. 101-650, title III, Sec. 321, Dec. 1,

1990, 104 Stat. 5117; Pub. L. 103-322, title VI, Sec. 60018, title

XXXIII, Sec. 330016(1)(O), (U), Sept. 13, 1994, 108 Stat. 1975,

2148; Pub. L. 104-214, Sec. 1(2), Oct. 1, 1996, 110 Stat. 3017;

Pub. L. 104-294, title VI, Sec. 604(b)(31), Oct. 11, 1996, 110

Stat. 3508; Pub. L. 107-204, title XI, Sec. 1102, July 30, 2002,

116 Stat. 807; Pub. L. 107-273, div. B, title III, Sec. 3001(a),

(c)(1), Nov. 2, 2002, 116 Stat. 1803, 1804.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-273, Sec. 3001(a)(1)(A),

substituted ''as provided in paragraph (3)'' for ''as provided in

paragraph (2)'' in concluding provisions.

Subsec. (a)(2). Pub. L. 107-273, Sec. 3001(a)(1)(C), added par.

(2). Former par. (2) redesignated (3).

Subsec. (a)(3). Pub. L. 107-273, Sec. 3001(a)(1)(B), (D),

redesignated par. (2) as (3), added subpars. (B) and (C), and

struck out former subpar. (B) which read as follows: ''(B) in the

case of an attempt, imprisonment for not more than twenty years.''

Subsec. (b). Pub. L. 107-273, Sec. 3001(a)(2), struck out ''or

physical force'' after ''intimidation'' in introductory provisions.

Subsec. (b)(3). Pub. L. 107-273, Sec. 3001(c)(1), inserted

''supervised release,'' after ''probation''.

Subsec. (c). Pub. L. 107-204 added subsec. (c). Former subsec.

(c) redesignated (d).

Subsec. (d). Pub. L. 107-204 redesignated former subsec. (c) as

(d). Former subsec. (d) redesignated (e).

Subsec. (d)(2). Pub. L. 107-273, Sec. 3001(c)(1), inserted

''supervised release,'' after ''probation''.

Subsecs. (e) to (j). Pub. L. 107-204 redesignated former subsecs.

(d) to (i) as (e) to (j), respectively.

Subsec. (k). Pub. L. 107-273, Sec. 3001(a)(3), added subsec. (k).

1996 - Subsec. (a)(2)(A). Pub. L. 104-294 inserted ''and'' after

semicolon at end.

Subsec. (i). Pub. L. 104-214 added subsec. (i).

1994 - Subsec. (a)(2)(A). Pub. L. 103-322, Sec. 60018, amended

subpar. (A) generally. Prior to amendment, subpar. (A) read as

follows: ''(A) in the case of a killing, the punishment provided in

sections 1111 and 1112 of this title; and''.

Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(U), substituted

''fined under this title'' for ''fined not more than $250,000'' in

concluding provisions.

Subsec. (c). Pub. L. 103-322, Sec. 330016(1)(O), substituted

''fined under this title'' for ''fined not more than $25,000'' in

concluding provisions.

1988 - Subsec. (b). Pub. L. 100-690, Sec. 7029(c), substituted

''threatens, or corruptly persuades'' for ''or threatens''.

Subsec. (h). Pub. L. 100-690, Sec. 7029(a), added subsec. (h).

1986 - Subsec. (a). Pub. L. 99-646, Sec. 61(2), (3), added

subsec. (a) and redesignated former subsec. (a) as (b).

Subsecs. (b) to (g). Pub. L. 99-646, Sec. 61(1), (3),

redesignated former subsec. (a) as (b), inserted '', delay, or

prevent'', and redesignated former subsecs. (b) to (f) as (c) to

(g), respectively.

-CHANGE-

CHANGE OF NAME

Words ''magistrate judge'' and ''United States magistrate judge''

substituted for ''magistrate'' and ''United States magistrate'',

respectively, in subsec. (f)(1) pursuant to section 321 of Pub. L.

101-650, set out as a note under section 631 of Title 28, Judiciary

and Judicial Procedure.

-MISC4-

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see

section 604(d) of Pub. L. 104-294, set out as a note under section

13 of this title.

EFFECTIVE DATE

Section 9 of Pub. L. 97-291 provided that:

''(a) Except as provided in subsection (b), this Act and the

amendments made by this Act (enacting this section and sections

1513 to 1515, 3579, and 3580 of this title, amending sections 1503,

1505, 1510, and 3146 of this title and Rule 32 of the Federal Rules

of Criminal Procedure, and enacting provisions set out as notes

under this section and sections 1501 and 3579 of this title) shall

take effect on the date of the enactment of this Act (Oct. 12,

1982).

''(b)(1) The amendment made by section 2 of this Act (enacting

provisions set out as a note under this section) shall apply to

presentence reports ordered to be made on or after March 1, 1983.

''(2) The amendments made by section 5 of this Act (enacting

sections 3579 and 3580 of this title) shall apply with respect to

offenses occurring on or after January 1, 1983.''

CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES

Section 2 of Pub. L. 97-291 provided that:

''(a) The Congress finds and declares that:

''(1) Without the cooperation of victims and witnesses, the

criminal justice system would cease to function; yet with few

exceptions these individuals are either ignored by the criminal

justice system or simply used as tools to identify and punish

offenders.

''(2) All too often the victim of a serious crime is forced to

suffer physical, psychological, or financial hardship first as a

result of the criminal act and then as a result of contact with a

criminal justice system unresponsive to the real needs of such

victim.

''(3) Although the majority of serious crimes falls under the

jurisdiction of State and local law enforcement agencies, the

Federal Government, and in particular the Attorney General, has

an important leadership role to assume in ensuring that victims

of crime, whether at the Federal, State, or local level, are

given proper treatment by agencies administering the criminal

justice system.

''(4) Under current law, law enforcement agencies must have

cooperation from a victim of crime and yet neither the agencies

nor the legal system can offer adequate protection or assistance

when the victim, as a result of such cooperation, is threatened

or intimidated.

''(5) While the defendant is provided with counsel who can

explain both the criminal justice process and the rights of the

defendant, the victim or witness has no counterpart and is

usually not even notified when the defendant is released on bail,

the case is dismissed, a plea to a lesser charge is accepted, or

a court date is changed.

''(6) The victim and witness who cooperate with the prosecutor

often find that the transportation, parking facilities, and child

care services at the court are unsatisfactory and they must often

share the pretrial waiting room with the defendant or his family

and friends.

''(7) The victim may lose valuable property to a criminal only

to lose it again for long periods of time to Federal law

enforcement officials, until the trial and sometimes and (sic)

appeals are over; many times that property is damaged or lost,

which is particularly stressful for the elderly or poor.

''(b) The Congress declares that the purposes of this Act (see

Short Title of 1982 Amendment note set out under section 1501 of

this title) are -

''(1) to enhance and protect the necessary role of crime

victims and witnesses in the criminal justice process;

''(2) to ensure that the Federal Government does all that is

possible within limits of available resources to assist victims

and witnesses of crime without infringing on the constitutional

rights of the defendant; and

''(3) to provide a model for legislation for State and local

governments.''

FEDERAL GUIDELINES FOR TREATMENT OF CRIME VICTIMS AND WITNESSES IN

THE CRIMINAL JUSTICE SYSTEM

Section 6 of Pub. L. 97-291, as amended by Pub. L. 98-473, title

II, Sec. 1408(b), Oct. 12, 1984, 98 Stat. 2177, provided that:

''(a) Within two hundred and seventy days after the date of

enactment of this Act (Oct. 12, 1982), the Attorney General shall

develop and implement guidelines for the Department of Justice

consistent with the purposes of this Act (see Short Title of 1982

Amendment note set out under section 1501 of this title). In

preparing the guidelines the Attorney General shall consider the

following objectives:

''(1) Services to victims of crime. - Law enforcement personnel

should ensure that victims routinely receive emergency social and

medical services as soon as possible and are given information on

the following -

''(A) availability of crime victim compensation (where

applicable);

''(B) community-based victim treatment programs;

''(C) the role of the victim in the criminal justice process,

including what they can expect from the system as well as what

the system expects from them; and

''(D) stages in the criminal justice process of significance

to a crime victim, and the manner in which information about

such stages can be obtained.

''(2) Notification of availability of protection. - A victim or

witness should routinely receive information on steps that law

enforcement officers and attorneys for the Government can take to

protect victims and witnesses from intimidation.

''(3) Scheduling changes. - All victims and witnesses who have

been scheduled to attend criminal justice proceedings should

either be notified as soon as possible of any scheduling changes

which will affect their appearances or have available a system

for alerting witnesses promptly by telephone or otherwise.

''(4) Prompt notification to victims of serious crimes. -

Victims, witnesses, relatives of those victims and witnesses who

are minors, and relatives of homicide victims should, if such

persons provide the appropriate official with a current address

and telephone number, receive prompt advance notification, if

possible, of -

''(A) the arrest of an accused;

''(B) the initial appearance of an accused before a judicial

officer;

''(C) the release of the accused pending judicial

proceedings; and

''(D) proceedings in the prosecution and punishment of the

accused (including entry of a plea of guilty, trial,

sentencing, and, where a term of imprisonment is imposed, a

hearing to determine a parole release date and the release of

the accused from such imprisonment).

''(5) Consultation with victim. - The victim of a serious

crime, or in the case of a minor child or a homicide, the family

of the victim, should be consulted by the attorney for the

Government in order to obtain the views of the victim or family

about the disposition of any Federal criminal case brought as a

result of such crime, including the views of the victim or family

about -

''(A) dismissal;

''(B) release of the accused pending judicial proceedings;

''(C) plea negotiations; and

''(D) pretrial diversion program.

''(6) Separate waiting area. - Victims and other prosecution

witnesses should be provided prior to court appearance a waiting

area that is separate from all other witnesses.

''(7) Property return. - Law enforcement agencies and

prosecutor should promptly return victim's property held for

evidentiary purposes unless there is a compelling law enforcement

reason for retaining it.

''(8) Notification to employer. - A victim or witness who so

requests should be assisted by law enforcement agencies and

attorneys for the Government in informing employers that the need

for victim and witness cooperation in the prosecution of the case

may necessitate absence of that victim or witness from work. A

victim or witness who, as a direct result of a crime or of

cooperation with law enforcement agencies or attorneys for the

Government, is subjected to serious financial strain, should be

assisted by such agencies and attorneys in explaining to

creditors the reason for such serious financial strain.

''(9) Training by federal law enforcement training facilities.

- Victim assistance education and training should be offered to

persons taking courses at Federal law enforcement training

facilities and attorneys for the Government so that victims may

be promptly, properly, and completely assisted.

''(10) General victim assistance. - The guidelines should also

ensure that any other important assistance to victims and

witnesses, such as the adoption of transportation, parking, and

translator services for victims in court be provided.

''(b) Nothing in this title shall be construed as creating a

cause of action against the United States.

''(c) The Attorney General shall assure that all Federal law

enforcement agencies outside of the Department of Justice adopt

guidelines consistent with subsection (a) of this section.''

(Amendment of section 6 of Pub. L. 97-291 by Pub. L. 98-473, set

out above, effective 30 days after Oct. 12, 1984, see section

1409(a) of Pub. L. 98-473, set out as an Effective Date note under

section 10601 of Title 42, The Public Health and Welfare.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1514, 1515, 1961, 2516,

3142 of this title.

-CITE-

18 USC Sec. 1513 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 73 - OBSTRUCTION OF JUSTICE

-HEAD-

Sec. 1513. Retaliating against a witness, victim, or an informant

-STATUTE-

(a)(1) Whoever kills or attempts to kill another person with

intent to retaliate against any person for -

(A) the attendance of a witness or party at an official

proceeding, or any testimony given or any record, document, or

other object produced by a witness in an official proceeding; or

(B) providing to a law enforcement officer any information

relating to the commission or possible commission of a Federal

offense or a violation of conditions of probation (FOOTNOTE 1)

supervised release,, (FOOTNOTE 1) parole, or release pending

judicial proceedings,

(FOOTNOTE 1) So in original.

shall be punished as provided in paragraph (2).

(2) The punishment for an offense under this subsection is -

(A) in the case of a killing, the punishment provided in

sections 1111 and 1112; and

(B) in the case of an attempt, imprisonment for not more than

20 years.

(b) Whoever knowingly engages in any conduct and thereby causes

bodily injury to another person or damages the tangible property of

another person, or threatens to do so, with intent to retaliate

against any person for -

(1) the attendance of a witness or party at an official

proceeding, or any testimony given or any record, document, or

other object produced by a witness in an official proceeding; or

(2) any information relating to the commission or possible

commission of a Federal offense or a violation of conditions of

probation (FOOTNOTE 1) supervised release,, (FOOTNOTE 1) parole,

or release pending judicial proceedings given by a person to a

law enforcement officer;

or attempts to do so, shall be fined under this title or imprisoned

not more than ten years, or both.

(c) If the retaliation occurred because of attendance at or

testimony in a criminal case, the maximum term of imprisonment

which may be imposed for the offense under this section shall be

the higher of that otherwise provided by law or the maximum term

that could have been imposed for any offense charged in such case.

(d) There is extraterritorial Federal jurisdiction over an

offense under this section.

(e) (FOOTNOTE 2) Whoever knowingly, with the intent to retaliate,

takes any action harmful to any person, including interference with

the lawful employment or livelihood of any person, for providing to

a law enforcement officer any truthful information relating to the

commission or possible commission of any Federal offense, shall be

fined under this title or imprisoned not more than 10 years, or

both.

(FOOTNOTE 2) So in original. Two subsecs. (e) have been

enacted.

(e) (FOOTNOTE 2) Whoever conspires to commit any offense under

this section shall be subject to the same penalties as those

prescribed for the offense the commission of which was the object

of the conspiracy.

-SOURCE-

(Added Pub. L. 97-291, Sec. 4(a), Oct. 12, 1982, 96 Stat. 1250;

amended Pub. L. 103-322, title VI, Sec. 60017, title XXXIII, Sec.

330016(1)(U), Sept. 13, 1994, 108 Stat. 1975, 2148; Pub. L.

104-214, Sec. 1(1), Oct. 1, 1996, 110 Stat. 3017; Pub. L. 107-204,

title XI, Sec. 1107(a), July 30, 2002, 116 Stat. 810; Pub. L.

107-273, div. B, title III, Sec. 3001(b), (c)(2), title IV, Sec.

4002(b)(4), Nov. 2, 2002, 116 Stat. 1804, 1807.)

-MISC1-

AMENDMENTS

2002 - Subsecs. (a)(1)(B), (b)(2). Pub. L. 107-273, Sec.

3001(c)(2), inserted ''supervised release,'' after ''probation''.

Subsec. (d). Pub. L. 107-273, Sec. 4002(b)(4), transferred

subsec. (d) to appear after subsec. (c).

Subsec. (e). Pub. L. 107-273, Sec. 3001(b), added subsec. (e)

relating to conspiracy to commit any offense under this section.

Pub. L. 107-204 added subsec. (e) relating to taking of action

harmful to any person for providing law enforcement officer

truthful information relating to commission of offense.

1996 - Subsec. (c). Pub. L. 104-214, Sec. 1(1)(B), added subsec.

(c) at end.

Pub. L. 104-214, Sec. 1(1)(A), redesignated subsec. (c) as (d).

Subsec. (d). Pub. L. 104-214, Sec. 1(1)(A), redesignated subsec.

(c) as (d).

1994 - Subsec. (a). Pub. L. 103-322, Sec. 60017(2), added subsec.

(a). Former subsec. (a) redesignated (b).

Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(U), substituted

''fined under this title'' for ''fined not more than $250,000'' in

concluding provisions.

Pub. L. 103-322, Sec. 60017(1), redesignated subsec. (a) as (b).

Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 103-322, Sec. 60017(1), redesignated subsec.

(b) as (c).

EFFECTIVE DATE

Section effective Oct. 12, 1982, see section 9(a) of Pub. L.

97-291, set out as a note under section 1512 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1514, 1515, 1961, 2516,

3142 of this title.

-CITE-

18 USC Sec. 1514 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 73 - OBSTRUCTION OF JUSTICE

-HEAD-

Sec. 1514. Civil action to restrain harassment of a victim or

witness

-STATUTE-

(a)(1) A United States district court, upon application of the

attorney for the Government, shall issue a temporary restraining

order prohibiting harassment of a victim or witness in a Federal

criminal case if the court finds, from specific facts shown by

affidavit or by verified complaint, that there are reasonable

grounds to believe that harassment of an identified victim or

witness in a Federal criminal case exists or that such order is

necessary to prevent and restrain an offense under section 1512 of

this title, other than an offense consisting of misleading conduct,

or under section 1513 of this title.

(2)(A) A temporary restraining order may be issued under this

section without written or oral notice to the adverse party or such

party's attorney in a civil action under this section if the court

finds, upon written certification of facts by the attorney for the

Government, that such notice should not be required and that there

is a reasonable probability that the Government will prevail on the

merits.

(B) A temporary restraining order issued without notice under

this section shall be endorsed with the date and hour of issuance

and be filed forthwith in the office of the clerk of the court

issuing the order.

(C) A temporary restraining order issued under this section shall

expire at such time, not to exceed 10 days from issuance, as the

court directs; the court, for good cause shown before expiration of

such order, may extend the expiration date of the order for up to

10 days or for such longer period agreed to by the adverse party.

(D) When a temporary restraining order is issued without notice,

the motion for a protective order shall be set down for hearing at

the earliest possible time and takes precedence over all matters

except older matters of the same character, and when such motion

comes on for hearing, if the attorney for the Government does not

proceed with the application for a protective order, the court

shall dissolve the temporary restraining order.

(E) If on two days notice to the attorney for the Government or

on such shorter notice as the court may prescribe, the adverse

party appears and moves to dissolve or modify the temporary

restraining order, the court shall proceed to hear and determine

such motion as expeditiously as the ends of justice require.

(F) A temporary restraining order shall set forth the reasons for

the issuance of such order, be specific in terms, and describe in

reasonable detail (and not by reference to the complaint or other

document) the act or acts being restrained.

(b)(1) A United States district court, upon motion of the

attorney for the Government, shall issue a protective order

prohibiting harassment of a victim or witness in a Federal criminal

case if the court, after a hearing, finds by a preponderance of the

evidence that harassment of an identified victim or witness in a

Federal criminal case exists or that such order is necessary to

prevent and restrain an offense under section 1512 of this title,

other than an offense consisting of misleading conduct, or under

section 1513 of this title.

(2) At the hearing referred to in paragraph (1) of this

subsection, any adverse party named in the complaint shall have the

right to present evidence and cross-examine witnesses.

(3) A protective order shall set forth the reasons for the

issuance of such order, be specific in terms, describe in

reasonable detail (and not by reference to the complaint or other

document) the act or acts being restrained.

(4) The court shall set the duration of effect of the protective

order for such period as the court determines necessary to prevent

harassment of the victim or witness but in no case for a period in

excess of three years from the date of such order's issuance. The

attorney for the Government may, at any time within ninety days

before the expiration of such order, apply for a new protective

order under this section.

(c) As used in this section -

(1) the term ''harassment'' means a course of conduct directed

at a specific person that -

(A) causes substantial emotional distress in such person; and

(B) serves no legitimate purpose; and

(2) the term ''course of conduct'' means a series of acts over

a period of time, however short, indicating a continuity of

purpose.

-SOURCE-

(Added Pub. L. 97-291, Sec. 4(a), Oct. 12, 1982, 96 Stat. 1250.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 12, 1982, see section 9(a) of Pub. L.

97-291, set out as a note under section 1512 of this title.

-CITE-

18 USC Sec. 1514A 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 73 - OBSTRUCTION OF JUSTICE

-HEAD-

Sec. 1514A. Civil action to protect against retaliation in fraud

cases

-STATUTE-

(a) Whistleblower Protection for Employees of Publicly Traded

Companies. - No company with a class of securities registered under

section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78l),

or that is required to file reports under section 15(d) of the

Securities Exchange Act of 1934 (15 U.S.C. 78o(d)), or any officer,

employee, contractor, subcontractor, or agent of such company, may

discharge, demote, suspend, threaten, harass, or in any other

manner discriminate against an employee in the terms and conditions

of employment because of any lawful act done by the employee -

(1) to provide information, cause information to be provided,

or otherwise assist in an investigation regarding any conduct

which the employee reasonably believes constitutes a violation of

section 1341, 1343, 1344, or 1348, any rule or regulation of the

Securities and Exchange Commission, or any provision of Federal

law relating to fraud against shareholders, when the information

or assistance is provided to or the investigation is conducted by

-

(A) a Federal regulatory or law enforcement agency;

(B) any Member of Congress or any committee of Congress; or

(C) a person with supervisory authority over the employee (or

such other person working for the employer who has the

authority to investigate, discover, or terminate misconduct);

or

(2) to file, cause to be filed, testify, participate in, or

otherwise assist in a proceeding filed or about to be filed (with

any knowledge of the employer) relating to an alleged violation

of section 1341, 1343, 1344, or 1348, any rule or regulation of

the Securities and Exchange Commission, or any provision of

Federal law relating to fraud against shareholders.

(b) Enforcement Action. -

(1) In general. - A person who alleges discharge or other

discrimination by any person in violation of subsection (a) may

seek relief under subsection (c), by -

(A) filing a complaint with the Secretary of Labor; or

(B) if the Secretary has not issued a final decision within

180 days of the filing of the complaint and there is no showing

that such delay is due to the bad faith of the claimant,

bringing an action at law or equity for de novo review in the

appropriate district court of the United States, which shall

have jurisdiction over such an action without regard to the

amount in controversy.

(2) Procedure. -

(A) In general. - An action under paragraph (1)(A) shall be

governed under the rules and procedures set forth in section

42121(b) of title 49, United States Code.

(B) Exception. - Notification made under section 42121(b)(1)

of title 49, United States Code, shall be made to the person

named in the complaint and to the employer.

(C) Burdens of proof. - An action brought under paragraph

(1)(B) shall be governed by the legal burdens of proof set

forth in section 42121(b) of title 49, United States Code.

(D) Statute of limitations. - An action under paragraph (1)

shall be commenced not later than 90 days after the date on

which the violation occurs.

(c) Remedies. -

(1) In general. - An employee prevailing in any action under

subsection (b)(1) shall be entitled to all relief necessary to

make the employee whole.

(2) Compensatory damages. - Relief for any action under

paragraph (1) shall include -

(A) reinstatement with the same seniority status that the

employee would have had, but for the discrimination;

(B) the amount of back pay, with interest; and

(C) compensation for any special damages sustained as a

result of the discrimination, including litigation costs,

expert witness fees, and reasonable attorney fees.

(d) Rights Retained by Employee. - Nothing in this section shall

be deemed to diminish the rights, privileges, or remedies of any

employee under any Federal or State law, or under any collective

bargaining agreement.

-SOURCE-

(Added Pub. L. 107-204, title VIII, Sec. 806(a), July 30, 2002, 116

Stat. 802.)

-CITE-

18 USC Sec. 1515 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 73 - OBSTRUCTION OF JUSTICE

-HEAD-

Sec. 1515. Definitions for certain provisions; general provision

-STATUTE-

(a) As used in sections 1512 and 1513 of this title and in this

section -

(1) the term ''official proceeding'' means -

(A) a proceeding before a judge or court of the United

States, a United States magistrate judge, a bankruptcy judge, a

judge of the United States Tax Court, a special trial judge of

the Tax Court, a judge of the United States Court of Federal

Claims, or a Federal grand jury;

(B) a proceeding before the Congress;

(C) a proceeding before a Federal Government agency which is

authorized by law; or

(D) a proceeding involving the business of insurance whose

activities affect interstate commerce before any insurance

regulatory official or agency or any agent or examiner

appointed by such official or agency to examine the affairs of

any person engaged in the business of insurance whose

activities affect interstate commerce;

(2) the term ''physical force'' means physical action against

another, and includes confinement;

(3) the term ''misleading conduct'' means -

(A) knowingly making a false statement;

(B) intentionally omitting information from a statement and

thereby causing a portion of such statement to be misleading,

or intentionally concealing a material fact, and thereby

creating a false impression by such statement;

(C) with intent to mislead, knowingly submitting or inviting

reliance on a writing or recording that is false, forged,

altered, or otherwise lacking in authenticity;

(D) with intent to mislead, knowingly submitting or inviting

reliance on a sample, specimen, map, photograph, boundary mark,

or other object that is misleading in a material respect; or

(E) knowingly using a trick, scheme, or device with intent to

mislead;

(4) the term ''law enforcement officer'' means an officer or

employee of the Federal Government, or a person authorized to act

for or on behalf of the Federal Government or serving the Federal

Government as an adviser or consultant -

(A) authorized under law to engage in or supervise the

prevention, detection, investigation, or prosecution of an

offense; or

(B) serving as a probation or pretrial services officer under

this title;

(5) the term ''bodily injury'' means -

(A) a cut, abrasion, bruise, burn, or disfigurement;

(B) physical pain;

(C) illness;

(D) impairment of the function of a bodily member, organ, or

mental faculty; or

(E) any other injury to the body, no matter how temporary;

and

(6) the term ''corruptly persuades'' does not include conduct

which would be misleading conduct but for a lack of a state of

mind.

(b) As used in section 1505, the term ''corruptly'' means acting

with an improper purpose, personally or by influencing another,

including making a false or misleading statement, or withholding,

concealing, altering, or destroying a document or other

information.

(c) This chapter does not prohibit or punish the providing of

lawful, bona fide, legal representation services in connection with

or anticipation of an official proceeding.

-SOURCE-

(Added Pub. L. 97-291, Sec. 4(a), Oct. 12, 1982, 96 Stat. 1252;

amended Pub. L. 99-646, Sec. 50(b), Nov. 10, 1986, 100 Stat. 3605;

Pub. L. 100-690, title VII, Sec. 7029(b), (d), Nov. 18, 1988, 102

Stat. 4398; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104

Stat. 5117; Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29,

1992, 106 Stat. 4516; Pub. L. 103-322, title XXXII, Sec. 320604(a),

Sept. 13, 1994, 108 Stat. 2118; Pub. L. 104-292, Sec. 3, Oct. 11,

1996, 110 Stat. 3460; Pub. L. 104-294, title VI, Sec. 604(b)(39),

Oct. 11, 1996, 110 Stat. 3509.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(1)(D). Pub. L. 104-294 struck out ''or'' after

semicolon at end.

Subsecs. (b), (c). Pub. L. 104-292 added subsec. (b) and

redesignated former subsec. (b) as (c).

1994 - Subsec. (a)(1)(D). Pub. L. 103-322 added subpar. (D).

1992 - Subsec. (a)(1)(A). Pub. L. 102-572 substituted ''United

States Court of Federal Claims'' for ''United States Claims

Court''.

1988 - Subsec. (a)(1)(A). Pub. L. 100-690, Sec. 7029(b), inserted

''a judge of the United States Tax Court, a special trial judge of

the Tax Court, a judge of the United States Claims Court,'' after

''bankruptcy judge,''.

Subsec. (a)(6). Pub. L. 100-690, Sec. 7029(d), added par. (6).

1986 - Pub. L. 99-646 inserted ''; general provision'' in section

catchline, designated existing provisions as subsec. (a), and added

subsec. (b).

-CHANGE-

CHANGE OF NAME

''United States magistrate judge'' substituted for ''United

States magistrate'' in subsec. (a)(1)(A) pursuant to section 321 of

Pub. L. 101-650, set out as a note under section 631 of Title 28,

Judiciary and Judicial Procedure.

-MISC4-

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see

section 604(d) of Pub. L. 104-294, set out as a note under section

13 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of

Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE

Section effective Oct. 12, 1982, see section 9(a) of Pub. L.

97-291, set out as a note under section 1512 of this title.

-CITE-

18 USC Sec. 1516 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 73 - OBSTRUCTION OF JUSTICE

-HEAD-

Sec. 1516. Obstruction of Federal audit

-STATUTE-

(a) Whoever, with intent to deceive or defraud the United States,

endeavors to influence, obstruct, or impede a Federal auditor in

the performance of official duties relating to a person, entity, or

program receiving in excess of $100,000, directly or indirectly,

from the United States in any 1 year period under a contract or

subcontract, grant, or cooperative agreement, or relating to any

property that is security for a mortgage note that is insured,

guaranteed, acquired, or held by the Secretary of Housing and Urban

Development pursuant to any Act administered by the Secretary, or

relating to any property that is security for a loan that is made

or guaranteed under title V of the Housing Act of 1949, shall be

fined under this title, or imprisoned not more than 5 years, or

both.

(b) For purposes of this section -

(1) the term ''Federal auditor'' means any person employed on a

full- or part-time or contractual basis to perform an audit or a

quality assurance inspection for or on behalf of the United

States; and

(2) the term ''in any 1 year period'' has the meaning given to

the term ''in any one-year period'' in section 666.

-SOURCE-

(Added Pub. L. 100-690, title VII, Sec. 7078(a), Nov. 18, 1988, 102

Stat. 4406; amended Pub. L. 103-322, title XXXII, Sec. 320609,

Sept. 13, 1994, 108 Stat. 2120; Pub. L. 104-294, title VI, Sec.

604(b)(43), Oct. 11, 1996, 110 Stat. 3509; Pub. L. 105-65, title V,

Sec. 564, Oct. 27, 1997, 111 Stat. 1420; Pub. L. 106-569, title

VII, Sec. 709(b), Dec. 27, 2000, 114 Stat. 3018; Pub. L. 107-273,

div. A, title II, Sec. 205(c), Nov. 2, 2002, 116 Stat. 1778.)

-REFTEXT-

REFERENCES IN TEXT

The Housing Act of 1949, referred to in subsec. (a), is act July

15, 1949, ch. 338, 63 Stat. 413, as amended. Title V of the Act is

classified generally to subchapter III (Sec. 1471 et seq.) of

chapter 8A of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 1441 of Title 42 and Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-273 inserted '', entity, or

program'' after ''person'' and ''grant, or cooperative agreement,''

after ''subcontract,''.

2000 - Subsec. (a). Pub. L. 106-569 inserted ''or relating to any

property that is security for a loan that is made or guaranteed

under title V of the Housing Act of 1949,'' before ''shall be fined

under this title''.

1997 - Subsec. (a). Pub. L. 105-65 inserted ''or relating to any

property that is security for a mortgage note that is insured,

guaranteed, acquired, or held by the Secretary of Housing and Urban

Development pursuant to any Act administered by the Secretary,''

after ''under a contract or subcontract,''.

1996 - Subsec. (b)(1). Pub. L. 104-294 inserted ''and'' after

semicolon at end.

1994 - Subsec. (b). Pub. L. 103-322 substituted ''section - ''

for ''section'', inserted ''(1)'' before ''the term'', substituted

semicolon for the period at end, and added par. (2).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see

section 604(d) of Pub. L. 104-294, set out as a note under section

13 of this title.

-CITE-

18 USC Sec. 1517 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 73 - OBSTRUCTION OF JUSTICE

-HEAD-

Sec. 1517. Obstructing examination of financial institution

-STATUTE-

Whoever corruptly obstructs or attempts to obstruct any

examination of a financial institution by an agency of the United

States with jurisdiction to conduct an examination of such

financial institution shall be fined under this title, imprisoned

not more than 5 years, or both.

-SOURCE-

(Added Pub. L. 101-647, title XXV, Sec. 2503(a), Nov. 29, 1990, 104

Stat. 4861.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 12 sections 1785, 1829,

4204, 4224.

-CITE-

18 USC Sec. 1518 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 73 - OBSTRUCTION OF JUSTICE

-HEAD-

Sec. 1518. Obstruction of criminal investigations of health care

offenses

-STATUTE-

(a) Whoever willfully prevents, obstructs, misleads, delays or

attempts to prevent, obstruct, mislead, or delay the communication

of information or records relating to a violation of a Federal

health care offense to a criminal investigator shall be fined under

this title or imprisoned not more than 5 years, or both.

(b) As used in this section the term ''criminal investigator''

means any individual duly authorized by a department, agency, or

armed force of the United States to conduct or engage in

investigations for prosecutions for violations of health care

offenses.

-SOURCE-

(Added Pub. L. 104-191, title II, Sec. 245(a), Aug. 21, 1996, 110

Stat. 2017.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 24 of this title.

-CITE-

18 USC Sec. 1519 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 73 - OBSTRUCTION OF JUSTICE

-HEAD-

Sec. 1519. Destruction, alteration, or falsification of records in

Federal investigations and bankruptcy

-STATUTE-

Whoever knowingly alters, destroys, mutilates, conceals, covers

up, falsifies, or makes a false entry in any record, document, or

tangible object with the intent to impede, obstruct, or influence

the investigation or proper administration of any matter within the

jurisdiction of any department or agency of the United States or

any case filed under title 11, or in relation to or contemplation

of any such matter or case, shall be fined under this title,

imprisoned not more than 20 years, or both.

-SOURCE-

(Added Pub. L. 107-204, title VIII, Sec. 802(a), July 30, 2002, 116

Stat. 800.)

-CITE-

18 USC Sec. 1520 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 73 - OBSTRUCTION OF JUSTICE

-HEAD-

Sec. 1520. Destruction of corporate audit records

-STATUTE-

(a)(1) Any accountant who conducts an audit of an issuer of

securities to which section 10A(a) of the Securities Exchange Act

of 1934 (15 U.S.C. 78j-1(a)) applies, shall maintain all audit or

review workpapers for a period of 5 years from the end of the

fiscal period in which the audit or review was concluded.

(2) The Securities and Exchange Commission shall promulgate,

within 180 days, after adequate notice and an opportunity for

comment, such rules and regulations, as are reasonably necessary,

relating to the retention of relevant records such as workpapers,

documents that form the basis of an audit or review, memoranda,

correspondence, communications, other documents, and records

(including electronic records) which are created, sent, or received

in connection with an audit or review and contain conclusions,

opinions, analyses, or financial data relating to such an audit or

review, which is conducted by any accountant who conducts an audit

of an issuer of securities to which section 10A(a) of the

Securities Exchange Act of 1934 (15 U.S.C. 78j-1(a)) applies. The

Commission may, from time to time, amend or supplement the rules

and regulations that it is required to promulgate under this

section, after adequate notice and an opportunity for comment, in

order to ensure that such rules and regulations adequately comport

with the purposes of this section.

(b) Whoever knowingly and willfully violates subsection (a)(1),

or any rule or regulation promulgated by the Securities and

Exchange Commission under subsection (a)(2), shall be fined under

this title, imprisoned not more than 10 years, or both.

(c) Nothing in this section shall be deemed to diminish or

relieve any person of any other duty or obligation imposed by

Federal or State law or regulation to maintain, or refrain from

destroying, any document.

-SOURCE-

(Added Pub. L. 107-204, title VIII, Sec. 802(a), July 30, 2002, 116

Stat. 800.)

-CITE-