18 U.S.C. § 3301 — Securities fraud offenses

Page 761 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3321 1 So in original. Probably should be ‘‘sections’’. Editorial Notes AMENDMENTS 2006—Pub. L. 109–162 struck out ‘‘except for a felony offense under chapter 109A,’’ before ‘‘no statute of limi- tations’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 108–405, title II, § 204(c), Oct. 30, 2004, 118 Stat. 2271, provided that: ‘‘The amendments made by this section [enacting this section] shall apply to the pros- ecution of any offense committed before, on, or after the date of the enactment of this section [Oct. 30, 2004] if the applicable limitation period has not yet expired.’’ § 3298. Trafficking-related offenses No person shall be prosecuted, tried, or pun- ished for any non-capital offense or conspiracy to commit a non-capital offense under section 1581 (Peonage; Obstructing Enforcement), 1583 (Enticement into Slavery), 1584 (Sale into Invol- untary Servitude), 1589 (Forced Labor), 1590 (Trafficking with Respect to Peonage, Slavery, Involuntary Servitude, or Forced Labor), or 1592 (Unlawful Conduct with Respect to Documents in furtherance of Trafficking, Peonage, Slavery, Involuntary Servitude, or Forced Labor) of this title or under section 274(a) of the Immigration and Nationality Act unless the indictment is found or the information is instituted not later than 10 years after the commission of the of- fense. (Added Pub. L. 109–162, title XI, § 1182(a), Jan. 5, 2006, 119 Stat. 3126.) Editorial Notes REFERENCES IN TEXT Section 274(a) of the Immigration and Nationality Act, referred to in text, is classified to section 1324(a) of Title 8, Aliens and Nationality. § 3299. Child abduction and sex offenses Notwithstanding any other law, an indictment may be found or an information instituted at any time without limitation for any offense under section 1201 involving a minor victim, and for any felony under chapter 109A, 110 (except for section 1 2257 and 2257A), or 117, or section 1591. (Added Pub. L. 109–248, title II, § 211(1), July 27, 2006, 120 Stat. 616.) § 3300. Recruitment or use of child soldiers No person may be prosecuted, tried, or pun- ished for a violation of section 2442 unless the indictment or the information is filed not later than 10 years after the commission of the of- fense. (Added Pub. L. 110–340, § 2(a)(2), Oct. 3, 2008, 122 Stat. 3736.) § 3301. Securities fraud offenses (a) DEFINITION.—In this section, the term ‘‘se- curities fraud offense’’ means a violation of, or a conspiracy or an attempt to violate— (1) section 1348; (2) section 32(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78ff(a)); (3) section 24 of the Securities Act of 1933 (15 U.S.C. 77x); (4) section 217 of the Investment Advisers Act of 1940 (15 U.S.C. 80b–17); (5) section 49 of the Investment Company Act of 1940 (15 U.S.C. 80a–48); or (6) section 325 of the Trust Indenture Act of 1939 (15 U.S.C. 77yyy). (b) LIMITATION.—No person shall be pros- ecuted, tried, or punished for a securities fraud offense, unless the indictment is found or the in- formation is instituted within 6 years after the commission of the offense. (Added Pub. L. 111–203, title X, § 1079A(b)(1), July 21, 2010, 124 Stat. 2079.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as a note under section 5301 of Title 12, Banks and Banking. CHAPTER 215—GRAND JURY Sec. 3321. Number of grand jurors; summoning addi- tional jurors. 3322. Disclosure of certain matters occurring be- fore grand jury. [3323 to 3328. Repealed.] Editorial Notes AMENDMENTS 1989—Pub. L. 101–73, title IX, § 964(b), Aug. 9, 1989, 103 Stat. 506, added item 3322 ‘‘Disclosure of certain mat- ters occurring before grand jury’’ and struck out former items 3322 ‘‘Number; summoning—Rule’’, 3323 ‘‘Objections and motions—Rule’’, 3324 ‘‘Foreman and deputy; powers and duties; records—Rule’’, 3325 ‘‘Per- sons present at proceedings—Rule’’, 3326 ‘‘Secrecy of proceedings and disclosure—Rule’’, 3327 ‘‘Indictment; finding and return—Rule’’, and 3328 ‘‘Discharging jury and excusing juror—Rule’’. § 3321. Number of grand jurors; summoning addi- tional jurors Every grand jury impaneled before any dis- trict court shall consist of not less than sixteen nor more than twenty-three persons. If less than sixteen of the persons summoned attend, they shall be placed on the grand jury, and the court shall order the marshal to summon, either im- mediately or for a day fixed, from the body of the district, and not from the bystanders, a suf- ficient number of persons to complete the grand jury. Whenever a challenge to a grand juror is allowed, and there are not in attendance other jurors sufficient to complete the grand jury, the court shall make a like order to the marshal to summon a sufficient number of persons for that purpose. (June 25, 1948, ch. 645, 62 Stat. 829.) HISTORICAL AND REVISION NOTES Based on section 419 of title 28, U.S.C., 1940 ed., Judi- cial Code and Judiciary (Mar. 3, 1911, ch. 231, § 282, 36 Stat. 1165).