18 U.S.C. § 1039 — Fraud and related activity in connection

Page 330 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1039 (3) CIVIL JUDGMENT.—An order of reimburse- ment under this subsection shall, for the pur- poses of enforcement, be treated as a civil judgment. (d) ACTIVITIES OF LAW ENFORCEMENT.—This section does not prohibit any lawfully author- ized investigative, protective, or intelligence ac- tivity of a law enforcement agency of the United States, a State, or political subdivision of a State, or of an intelligence agency of the United States. (Added Pub. L. 108–458, title VI, § 6702(a), Dec. 17, 2004, 118 Stat. 3764.) § 1039. Fraud and related activity in connection with obtaining confidential phone records information of a covered entity (a) CRIMINAL VIOLATION.—Whoever, in inter- state or foreign commerce, knowingly and in- tentionally obtains, or attempts to obtain, con- fidential phone records information of a covered entity, by— (1) making false or fraudulent statements or representations to an employee of a covered entity; (2) making such false or fraudulent state- ments or representations to a customer of a covered entity; (3) providing a document to a covered entity knowing that such document is false or fraud- ulent; or (4) accessing customer accounts of a covered entity via the Internet, or by means of con- duct that violates section 1030 of this title, without prior authorization from the customer to whom such confidential phone records in- formation relates; shall be fined under this title, imprisoned for not more than 10 years, or both. (b) PROHIBITION ON SALE OR TRANSFER OF CON- FIDENTIAL PHONE RECORDS INFORMATION.— (1) Except as otherwise permitted by appli- cable law, whoever, in interstate or foreign commerce, knowingly and intentionally sells or transfers, or attempts to sell or transfer, confidential phone records information of a covered entity, without prior authorization from the customer to whom such confidential phone records information relates, or knowing or having reason to know such information was obtained fraudulently, shall be fined under this title, imprisoned not more than 10 years, or both. (2) For purposes of this subsection, the ex- ceptions specified in section 222(d) of the Com- munications Act of 1934 shall apply for the use of confidential phone records information by any covered entity, as defined in subsection (h). (c) PROHIBITION ON PURCHASE OR RECEIPT OF CONFIDENTIAL PHONE RECORDS INFORMATION.— (1) Except as otherwise permitted by appli- cable law, whoever, in interstate or foreign commerce, knowingly and intentionally pur- chases or receives, or attempts to purchase or receive, confidential phone records informa- tion of a covered entity, without prior author- ization from the customer to whom such con- fidential phone records information relates, or knowing or having reason to know such infor- mation was obtained fraudulently, shall be fined under this title, imprisoned not more than 10 years, or both. (2) For purposes of this subsection, the ex- ceptions specified in section 222(d) of the Com- munications Act of 1934 shall apply for the use of confidential phone records information by any covered entity, as defined in subsection (h). (d) ENHANCED PENALTIES FOR AGGRAVATED CASES.—Whoever violates, or attempts to vio- late, subsection (a), (b), or (c) while violating another law of the United States or as part of a pattern of any illegal activity involving more than $100,000, or more than 50 customers of a covered entity, in a 12-month period shall, in ad- dition to the penalties provided for in such sub- section, be fined twice the amount provided in subsection (b)(3) or (c)(3) (as the case may be) of section 3571 of this title, imprisoned for not more than 5 years, or both. (e) ENHANCED PENALTIES FOR USE OF INFORMA- TION IN FURTHERANCE OF CERTAIN CRIMINAL OF- FENSES.— (1) Whoever, violates, or attempts to violate, subsection (a), (b), or (c) knowing that such in- formation may be used in furtherance of, or with the intent to commit, an offense de- scribed in section 2261, 2261A, 2262, or any other crime of violence shall, in addition to the penalties provided for in such subsection, be fined under this title and imprisoned not more than 5 years. (2) Whoever, violates, or attempts to violate, subsection (a), (b), or (c) knowing that such in- formation may be used in furtherance of, or with the intent to commit, an offense under section 111, 115, 1114, 1503, 1512, 1513, or to in- timidate, threaten, harass, injure, or kill any Federal, State, or local law enforcement offi- cer shall, in addition to the penalties provided for in such subsection, be fined under this title and imprisoned not more than 5 years. (f) EXTRATERRITORIAL JURISDICTION.—There is extraterritorial jurisdiction over an offense under this section. (g) NONAPPLICABILITY TO LAW ENFORCEMENT AGENCIES.—This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agen- cy of the United States, a State, or political subdivision of a State, or of an intelligence agency of the United States. (h) DEFINITIONS.—In this section: (1) CONFIDENTIAL PHONE RECORDS INFORMA- TION.—The term ‘‘confidential phone records information’’ means information that— (A) relates to the quantity, technical con- figuration, type, destination, location, or amount of use of a service offered by a cov- ered entity, subscribed to by any customer of that covered entity, and kept by or on be- half of that covered entity solely by virtue of the relationship between that covered en- tity and the customer; (B) is made available to a covered entity by a customer solely by virtue of the rela- tionship between that covered entity and the customer; or Page 331 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1040 (C) is contained in any bill, itemization, or account statement provided to a customer by or on behalf of a covered entity solely by virtue of the relationship between that cov- ered entity and the customer. (2) COVERED ENTITY.—The term ‘‘covered en- tity’’— (A) has the same meaning given the term ‘‘telecommunications carrier’’ in section 3 of the Communications Act of 1934 (47 U.S.C. 153); and (B) includes any provider of IP-enabled voice service. (3) CUSTOMER.—The term ‘‘customer’’ means, with respect to a covered entity, any indi- vidual, partnership, association, joint stock company, trust, or corporation, or authorized representative of such customer, to whom the covered entity provides a product or service. (4) IP-ENABLED VOICE SERVICE.—The term ‘‘IP-enabled voice service’’ means the provi- sion of real-time voice communications of- fered to the public, or such class of users as to be effectively available to the public, trans- mitted through customer premises equipment using TCP/IP protocol, or a successor protocol, (whether part of a bundle of services or sepa- rately) with interconnection capability such that the service can originate traffic to, or terminate traffic from, the public switched telephone network, or a successor network. (Added Pub. L. 109–476, § 3(a), Jan. 12, 2007, 120 Stat. 3569.) Editorial Notes REFERENCES IN TEXT Section 222(d) of the Communications Act of 1934, re- ferred to in subsecs. (b)(2) and (c)(2), is classified to sec- tion 222(d) of Title 47, Telecommunications. Statutory Notes and Related Subsidiaries FINDINGS Pub. L. 109–476, § 2, Jan. 12, 2007, 120 Stat. 3568, pro- vided that: ‘‘Congress finds that— ‘‘(1) telephone records can be of great use to crimi- nals because the information contained in call logs may include a wealth of personal data; ‘‘(2) call logs may reveal the names of telephone users’ doctors, public and private relationships, busi- ness associates, and more; ‘‘(3) call logs are typically maintained for the ex- clusive use of phone companies, their authorized agents, and authorized consumers; ‘‘(4) telephone records have been obtained without the knowledge or consent of consumers through the use of a number of fraudulent methods and devices that include— ‘‘(A) telephone company employees selling data to unauthorized data brokers; ‘‘(B) ‘pretexting’, whereby a data broker or other person represents that they are an authorized con- sumer and convinces an agent of the telephone company to release the data; or ‘‘(C) gaining unauthorized Internet access to ac- count data by improperly activating a consumer’s account management features on a phone com- pany’s webpage or contracting with an Internet- based data broker who trafficks in such records; and ‘‘(5) the unauthorized disclosure of telephone records not only assaults individual privacy but, in some instances, may further acts of domestic vio- lence or stalking, compromise the personal safety of law enforcement officers, their families, victims of crime, witnesses, or confidential informants, and un- dermine the integrity of law enforcement investiga- tions.’’ § 1040. Fraud in connection with major disaster or emergency benefits (a) Whoever, in a circumstance described in subsection (b) of this section, knowingly— (1) falsifies, conceals, or covers up by any trick, scheme, or device any material fact; or (2) makes any materially false, fictitious, or fraudulent statement or representation, or makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or representation, in any matter involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with a major disaster dec- laration under section 401 of the Robert T. Staf- ford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or an emergency declaration under section 501 of the Robert T. Stafford Dis- aster Relief and Emergency Assistance Act (42 U.S.C. 5191), or in connection with any procure- ment of property or services related to any emergency or major disaster declaration as a prime contractor with the United States or as a subcontractor or supplier on a contract in which there is a prime contract with the United States, shall be fined under this title, impris- oned not more than 30 years, or both. (b) A circumstance described in this sub- section is any instance where— (1) the authorization, transportation, trans- mission, transfer, disbursement, or payment of the benefit is in or affects interstate or foreign commerce; (2) the benefit is transported in the mail at any point in the authorization, transpor- tation, transmission, transfer, disbursement, or payment of that benefit; or (3) the benefit is a record, voucher, payment, money, or thing of value of the United States, or of any department or agency thereof. (c) In this section, the term ‘‘benefit’’ means any record, voucher, payment, money or thing of value, good, service, right, or privilege pro- vided by the United States, a State or local gov- ernment, or other entity. (Added Pub. L. 110–179, § 2(a), Jan. 7, 2008, 121 Stat. 2556.) CHAPTER 49—FUGITIVES FROM JUSTICE Sec. 1071. Concealing person from arrest. 1072. Concealing escaped prisoner. 1073. Flight to avoid prosecution or giving testi- mony. 1074. Flight to avoid prosecution for damaging or destroying any building or other real or personal property. Editorial Notes AMENDMENTS 1960—Pub. L. 86–449, title II, § 202, May 6, 1960, 74 Stat. 87, added item 1074.