340
(2) the guidelines take appropriate account of
the vulnerability of the victim; and
(3) the guidelines provide enhanced punishment
for a defendant convicted of a crime of violence
against an elderly victim who has previously been
convicted of a crime of violence against an elderly
victim, regardless of whether the conviction occurred
in Federal or State court.
(c) DEFINITIONS.—As used in this section—
(1) the term ‘‘crime of violence’’ means an of-
fense under section 113, 114, 1111, 1112, 1113,
1117, 2241, 2242, or 2244 of title 18, United States
Code; and
(2) the term ‘‘elderly victim’’ means a victim
who is 65 years of age or older at the time of an
offense.
TITLE XX—CONSUMER
PROTECTION
SEC. 2001. CRIMES BY OR AFFECTING PERSONS ENGAGED
IN THE BUSINESS OF INSURANCE WHOSE AC-
TIVITIES AFFECT INTERSTATE COMMERCE.
(a) IN GENERAL.—Chapter 47 of title 18, United
States Code, is amended by adding at the end thereof the
following new sections:
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‘‘§ 1033. Crimes by or affecting persons engaged in
the business of insurance whose activi-
ties affect interstate commerce
‘‘(a)(1) Whoever is engaged in the business of insur-
ance whose activities affect interstate commerce and, with
the intent to deceive, knowingly makes any false material
statement or report or willfully and materially overvalues
any land, property or security—
‘‘(A) in connection with any financial reports or
documents presented to any insurance regulatory of-
ficial or agency or an agent or examiner appointed
by such official or agency to examine the affairs of
such person, and
‘‘(B) for the purpose of influencing the actions
of such official or agency or such an appointed agent
or examiner,
shall be punished as provided in paragraph (2).
‘‘(2) The punishment for an offense under paragraph
(1) is a fine as established under this title or imprison-
ment for not more than 10 years, or both, except that
the term of imprisonment shall be not more than 15 years
if the statement or report or overvaluing of land, property,
or security jeopardizes the safety and soundness of an in-
surer.
‘‘(b)(1) Whoever—
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‘‘(A) acting as, or being an officer, director,
agent, or employee of, any person engaged in the
business of insurance whose activities affect inter-
state commerce, or
‘‘(B) is engaged in the business of insurance
whose activities affect interstate commerce or is in-
volved (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,
willfully embezzles, abstracts, purloins, or misappropriates
any of the moneys, funds, premiums, credits, or other
property of such person so engaged shall be punished as
provided in paragraph (2).
‘‘(2) The punishment for an offense under paragraph
(1) is a fine as provided under this title or imprisonment
for not more than 10 years, or both, except that if such
embezzlement, abstraction, purloining, or misappropria-
tion described in paragraph (1) jeopardizes the safety and
soundness of an insurer, such imprisonment shall be not
more than 15 years. If the amount or value so embezzled,
abstracted, purloined, or misappropriated does not exceed
$5,000, whoever violates paragraph (1) shall be fined as
provided in this title or imprisoned not more than one
year, or both.
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‘‘(c)(1) Whoever is engaged in the business of insur-
ance and 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 con-
duct of affairs of such a business, knowingly makes any
false entry of material fact in any book, report, or state-
ment of such person engaged in the business of insurance
with intent to—
‘‘(A) deceive any person about the financial
condition or solvency of such business, or
‘‘(B) deceive any officer, employee, or agent of
such person engaged in the business of insurance,
any insurance regulatory official or agency, or any
agent or examiner appointed by such official or
agency to examine the affairs of such person about
the financial condition or solvency of such business,
shall be punished as provided in paragraph (2).
‘‘(2) The punishment for an offense under paragraph
(1) is a fine as provided under this title or imprisonment
for not more than 10 years, or both, except that if the
false entry in any book, report, or statement of such per-
son jeopardizes the safety and soundness of an insurer,
such imprisonment shall be not more than 15 years.
‘‘(d) Whoever, by threats or force or by any threaten-
ing letter or communication, corruptly influences, ob-
344
structs, or impedes or endeavors corruptly to influence, ob-
struct, or impede the due and proper administration of
the law under which any proceeding involving the business
of insurance whose activities affect interstate commerce
is pending before any insurance regulatory official or
agency or any agent or examiner appointed by such official
or agency to examine the affairs of a person engaged in
the business of insurance whose activities affect interstate
commerce, shall be fined as provided in this title or impris-
oned not more than 10 years, or both.
‘‘(e)(1)(A) Any individual who has been convicted of
any criminal felony involving dishonesty or a breach of
trust, or who has been convicted of an offense under this
section, and who willfully engages in the business of insur-
ance whose activities affect interstate commerce or partici-
pates in such business, shall be fined as provided in this
title or imprisoned not more than 5 years, or both.
‘‘(B) Any individual who is engaged in the business
of insurance whose activities affect interstate commerce
and who willfully permits the participation described in
subparagraph (A) shall be fined as provided in this title
or imprisoned not more than 5 years, or both.
‘‘(2) A person described in paragraph (1)(A) may en-
gage in the business of insurance or participate in such
business if such person has the written consent of any in-
345
surance regulatory official authorized to regulate the in-
surer, which consent specifically refers to this subsection.
‘‘(f) As used in this section—
‘‘(1) the term ‘business of insurance’ means—
‘‘(A) the writing of insurance, or
‘‘(B) the reinsuring of risks,
by an insurer, including all acts necessary or inci-
dental to such writing or reinsuring and the activi-
ties of persons who act as, or are, officers, directors,
agents, or employees of insurers or who are other
persons authorized to act on behalf of such persons;
‘‘(2) the term ‘insurer’ means any entity the
business activity of which is the writing of insurance
or the reinsuring of risks or any receiver or similar
official or any liquidating agent for such an entity,
in his or her capacity as such, and includes any per-
son who acts as, or is, an officer, director, agent, or
employee of that business;
‘‘(3) the term ‘interstate commerce’ means—
‘‘(A) commerce within the District of Co-
lumbia, or any territory or possession of the
United States;
‘‘(B) all commerce between any point in
the State, territory, possession, or the District
of Columbia and any point outside thereof;
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‘‘(C) all commerce between points within
the same State through any place outside such
State; or
‘‘(D) all other commerce over which the
United States has jurisdiction; and
‘‘(4) the term ‘State’ includes any State, the
District of Columbia, the Commonwealth of Puerto
Rico, the Northern Mariana Islands, the Virgin Is-
lands, American Samoa, and the Trust Territory of
the Pacific Islands.
‘‘§ 1034. Civil penalties and injunctions for violations
of section 1033
‘‘(a) The Attorney General may bring a civil action
in the appropriate United States district court against any
person who engages in conduct constituting an offense
under section 1033 and, upon proof of such conduct by
a preponderance of the evidence, such person shall be sub-
ject to a civil penalty of not more than $50,000 for each
violation or the amount of compensation which the person
received or offered for the prohibited conduct, whichever
amount is greater. If the offense has contributed to the
decision of a court of appropriate jurisdiction to issue an
order directing the conservation, rehabilitation, or liquida-
tion of an insurer, such penalty shall be remitted to the
regulatory official for the benefit of the policyholders,