Sec. 402. ENHANCED PENALTY FOR TELEMARKETING AND EMAIL MARKETING FRAUD DIRECTED AT ELDERS
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## SEC. 402 ENHANCED PENALTY FOR TELEMARKETING AND EMAIL MARKETING FRAUD DIRECTED AT ELDERS ###
(a)In General Chapter 113A of title 18, United States Code, is amended— ####
(1)in the chapter heading, by inserting “AND EMAIL MARKETING” after “TELEMARKETING”; ####
(2)by striking section 2325 and inserting the following: > > ## “SEC. 2325 Definition > > **[**[18 U.S.C. 2325](/us/usc/t18/s2325)**]** > > “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 sweepstakes; > > > ##### “(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 opportunity; > > > ##### “(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 instant messages initiated either by a person who is conducting the plan, program, promotion, or campaign or by a prospective purchaser 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 catalog or brochure that— > > > ##### “(A) > > contains a written description or illustration of the goods, services, or other opportunities being offered; > > > ##### “(B) > > includes the business address of the solicitor; > > > ##### “(C) > > includes multiple pages of written material 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 message, or electronic instant message, but only receives interstate telephone calls, emails, text messages, or electronic instant messages initiated by customers in response to the written materials, whether in hard copy or digital format, and in response to those interstate telephone calls, emails, text messages, or electronic instant messages does not conduct further solicitation.” > ; ####
(3)**[**[18 U.S.C. 2326](/us/usc/t18/s2326)**]** in section 2326, in the matter preceding paragraph (1)— #####
(A)by striking “or 1344” and inserting “1344, or 1347 or section 1128B of the Social Security Act (42 U.S.C. 1320a-7b)”; and #####
(B)by inserting “or email marketing” after “telemarketing”; and ####
(4)by adding at the end the following: > > ## “SEC. 2328 Mandatory forfeiture > > **[**[18 U.S.C. 2328](/us/usc/t18/s2328)**]** > > > ### “(a) In General > > The court, in imposing sentence on a person who is convicted of any offense for which an enhanced penalty is provided under section 2326, shall order that the defendant forfeit to the United States— > > > #### “(1) > > any property, real or personal, constituting or traceable to gross proceeds obtained from such offense; and > > > #### “(2) > > any equipment, software, or other technology used or intended to be used to commit or to facilitate the commission of such offense. > > > ### “(b) Procedures > > The procedures set forth in section 413 of the Controlled Substances Act (21 U.S.C. 853), other than subsection
(d)of that section, and in Rule 32.2 of the Federal Rules of Criminal Procedure, shall apply to all stages of a criminal forfeiture proceeding under this section.” > . ###
(b)Technical and Conforming Amendments ####
(1)The table of chapters at the beginning of part I of title 18, United States Code, is amended by striking the item relating to chapter 113A and inserting the following:" “113A. Telemarketing and email marketing fraud” ". 2325 ####
(2)The table of sections for chapter 113A of title 18, United States Code, is amended by inserting after the item relating to section 2327 the following:" “2328. Mandatory forfeiture.” ".
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Sec. 402
ENHANCED PENALTY FOR TELEMARKETING AND EMAIL MARKETING FRAUD DIRECTED AT ELDERS
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