18 U.S.C. § 2322 — Chop shops

Page 584 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2321 Subsec. (e)(4). Pub. L. 105–225, § 4(b)(4), as amended by Pub. L. 105–354, § 2(c)(1), struck out par. (4) which read as follows: ‘‘the term ‘Olympic Charter Act’ means the Act entitled ‘An Act to incorporate the United States Olympic Association’, approved September 21, 1950 (36 U.S.C. 371 et seq.).’’ 1997—Subsecs. (d) to (f). Pub. L. 105–147 added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively. 1996—Subsec. (e). Pub. L. 104–153 added subsec. (e). 1994—Pub. L. 103–322, § 330016(1)(U), which directed the amendment of this section by striking ‘‘not more than $250,000’’ and inserting ‘‘under this title’’, could not be executed because the phrase ‘‘not more than $250,000’’ did not appear in text subsequent to amendment of sub- sec. (a) by Pub. L. 103–322, § 320104(a). See below. Subsec. (a). Pub. L. 103–322, § 320104(a), in first sen- tence, substituted ‘‘$2,000,000 or imprisoned not more than 10 years’’ for ‘‘$250,000 or imprisoned not more than five years’’ and ‘‘$5,000,000’’ for ‘‘$1,000,000’’, and in second sentence, substituted ‘‘$5,000,000 or imprisoned not more than 20 years’’ for ‘‘$1,000,000 or imprisoned not more than fifteen years’’ and ‘‘$15,000,000’’ for ‘‘$5,000,000’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–354, § 2(c), Nov. 3, 1998, 112 Stat. 3244, pro- vided that the amendment made by section 2(c) is effec- tive Aug. 12, 1998. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. PRIORITY GIVEN TO CERTAIN INVESTIGATIONS AND PROSECUTIONS Pub. L. 112–144, title VII, § 717(a)(4), July 9, 2012, 126 Stat. 1076, provided that: ‘‘The Attorney General shall give increased priority to efforts to investigate and prosecute offenses under section 2320 of title 18, United States Code, that involve counterfeit drugs.’’ FINDINGS Pub. L. 109–181, § 1(a)(2), Mar. 16, 2006, 120 Stat. 285, provided that: ‘‘The Congress finds that— ‘‘(A) the United States economy is losing millions of dollars in tax revenue and tens of thousands of jobs because of the manufacture, distribution, and sale of counterfeit goods; ‘‘(B) the Bureau of Customs and Border Protection estimates that counterfeiting costs the United States $200 billion annually; ‘‘(C) counterfeit automobile parts, including brake pads, cost the auto industry alone billions of dollars in lost sales each year; ‘‘(D) counterfeit products have invaded numerous industries, including those producing auto parts, electrical appliances, medicines, tools, toys, office equipment, clothing, and many other products; ‘‘(E) ties have been established between counter- feiting and terrorist organizations that use the sale of counterfeit goods to raise and launder money; ‘‘(F) ongoing counterfeiting of manufactured goods poses a widespread threat to public health and safety; and ‘‘(G) strong domestic criminal remedies against counterfeiting will permit the United States to seek stronger anticounterfeiting provisions in bilateral and international agreements with trading partners.’’ § 2321. Trafficking in certain motor vehicles or motor vehicle parts (a) Whoever buys, receives, possesses, or ob- tains control of, with intent to sell or otherwise dispose of, a motor vehicle or motor vehicle part, knowing that an identification number for such motor vehicle or part has been removed, obliterated, tampered with, or altered, shall be fined under this title or imprisoned not more than ten years, or both. (b) Subsection (a) does not apply if the re- moval, obliteration, tampering, or alteration— (1) is caused by collision or fire; or (2) is not a violation of section 511 of this title. (c) As used in this section, the terms ‘‘identi- fication number’’ and ‘‘motor vehicle’’ have the meaning given those terms in section 511 of this title. (Added Pub. L. 98–547, title II, § 204(a), Oct. 25, 1984, 98 Stat. 2770, § 2320; renumbered § 2321, Pub. L. 99–646, § 42(a), Nov. 10, 1986, 100 Stat. 3601; amended Pub. L. 103–322, title XXXIII, § 330016(1)(N), Sept. 13, 1994, 108 Stat. 2148.) Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $20,000’’. § 2322. Chop shops (a) IN GENERAL.— (1) UNLAWFUL ACTION.—Any person who knowingly owns, operates, maintains, or con- trols a chop shop or conducts operations in a chop shop shall be punished by a fine under this title or by imprisonment for not more than 15 years, or both. If a conviction of a per- son under this paragraph is for a violation committed after the first conviction of such person under this paragraph, the maximum punishment shall be doubled with respect to any fine and imprisonment. (2) INJUNCTIONS.—The Attorney General shall, as appropriate, in the case of any person who violates paragraph (1), commence a civil action for permanent or temporary injunction to restrain such violation. (b) DEFINITION.—For purposes of this section, the term ‘‘chop shop’’ means any building, lot, facility, or other structure or premise where one or more persons engage in receiving, concealing, destroying, disassembling, dismantling, re- assembling, or storing any passenger motor ve- hicle or passenger motor vehicle part which has been unlawfully obtained in order to alter, coun- terfeit, deface, destroy, disguise, falsify, forge, obliterate, or remove the identity, including the vehicle identification number or derivative thereof, of such vehicle or vehicle part and to distribute, sell, or dispose of such vehicle or ve- hicle part in interstate or foreign commerce. (Added Pub. L. 102–519, title I, § 105(a), Oct. 25, 1992, 106 Stat. 3385.) Page 585 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2325 § 2323. Forfeiture, destruction, and restitution (a) CIVIL FORFEITURE.— (1) PROPERTY SUBJECT TO FORFEITURE.—The following property is subject to forfeiture to the United States Government: (A) Any article, the making or trafficking of which is, prohibited under section 506 of title 17, or section 2318, 2319, 2319A, 2319B, or 2320, or chapter 90, of this title. (B) Any property used, or intended to be used, in any manner or part to commit or fa- cilitate the commission of an offense re- ferred to in subparagraph (A). (C) Any property constituting or derived from any proceeds obtained directly or indi- rectly as a result of the commission of an of- fense referred to in subparagraph (A). (2) PROCEDURES.—The provisions of chapter 46 relating to civil forfeitures shall extend to any seizure or civil forfeiture under this sec- tion. For seizures made under this section, the court shall enter an appropriate protective order with respect to discovery and use of any records or information that has been seized. The protective order shall provide for appro- priate procedures to ensure that confidential, private, proprietary, or privileged information contained in such records is not improperly disclosed or used. At the conclusion of the for- feiture proceedings, unless otherwise re- quested by an agency of the United States, the court shall order that any property forfeited under paragraph (1) be destroyed, or otherwise disposed of according to law. (b) CRIMINAL FORFEITURE.— (1) PROPERTY SUBJECT TO FORFEITURE.—The court, in imposing sentence on a person con- victed of an offense under section 506 of title 17, or section 2318, 2319, 2319A, 2319B, or 2320, or chapter 90, of this title, shall order, in addi- tion to any other sentence imposed, that the person forfeit to the United States Govern- ment any property subject to forfeiture under subsection (a) for that offense. (2) PROCEDURES.— (A) IN GENERAL.—The forfeiture of prop- erty under paragraph (1), including any sei- zure and disposition of the property and any related judicial or administrative pro- ceeding, shall be governed by the procedures set forth in section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), other than subsection (d) of that section. (B) DESTRUCTION.—At the conclusion of the forfeiture proceedings, the court, unless oth- erwise requested by an agency of the United States shall order that any— (i) forfeited article or component of an article bearing or consisting of a counter- feit mark be destroyed or otherwise dis- posed of according to law; and (ii) infringing items or other property described in subsection (a)(1)(A) and for- feited under paragraph (1) of this sub- section be destroyed or otherwise disposed of according to law. (c) RESTITUTION.—When a person is convicted of an offense under section 506 of title 17 or sec- tion 2318, 2319, 2319A, 2319B, or 2320, or chapter 90, of this title, the court, pursuant to sections 3556, 3663A, and 3664 of this title, shall order the person to pay restitution to any victim of the offense as an offense against property referred to in section 3663A(c)(1)(A)(ii) of this title. (Added Pub. L. 110–403, title II, § 206(a), Oct. 13, 2008, 122 Stat. 4262.) CHAPTER 113A—TELEMARKETING AND EMAIL MARKETING FRAUD Sec. 2325. Definition. 2326. Enhanced penalties. 2327. Mandatory restitution. 2328. Mandatory forfeiture. Editorial Notes PRIOR PROVISIONS A prior chapter 113A of part I of this title, consisting of section 2331 et seq. and relating to terrorism, was re- numbered chapter 113B of part I of this title by Pub. L. 103–322, title XXV, § 250002(a)(1), Sept. 13, 1994, 108 Stat. 2082. AMENDMENTS 2017—Pub. L. 115–70, title IV, § 402(a)(1), (b)(2), Oct. 18, 2017, 131 Stat. 1213, 1214, inserted ‘‘AND EMAIL MAR- KETING’’ after ‘‘TELEMARKETING’’ in chapter head- ing and added item 2328. § 2325. Definition In this chapter, the term ‘‘telemarketing or email marketing’’— (1) means a plan, program, promotion, or campaign that is conducted to induce— (A) purchases of goods or services; (B) participation in a contest or sweep- stakes; (C) a charitable contribution, donation, or gift of money or any other thing of value; (D) investment for financial profit; (E) participation in a business oppor- tunity; (F) commitment to a loan; or (G) participation in a fraudulent medical study, research study, or pilot study, by use of one or more interstate telephone calls, emails, text messages, or electronic in- stant messages initiated either by a person who is conducting the plan, program, pro- motion, or campaign or by a prospective pur- chaser or contest or sweepstakes participant or charitable contributor, donor, or investor; and (2) does not include the solicitation through the posting, publication, or mailing of a cata- log or brochure that— (A) contains a written description or illus- tration of the goods, services, or other op- portunities being offered; (B) includes the business address of the so- licitor; (C) includes multiple pages of written ma- terial or illustration; and (D) has been issued not less frequently than once a year, if the person making the solicitation does not solicit customers by telephone, email, text