Telemarketing Fraud Prevention Act of 1998
PL 105-184 (H.R.1847), enacted 06/23/1998

112 STAT. 520 
PUBLIC LAW 105-184-^JUNE 23, 1998 
June 23, 1998 
[H.R. 1847] 
Telemarketing 
Fraud Prevention 
Act of 1998. 
18 use 1 note. 
Courts. 
Public Law 105-184 
105th Congress 
An Act 
To improve the criminal law relating to fraud against consumers. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Telemarketing Fraud Prevention 
Act of 1998". 
SEC. 2. CRIMINAL FORFEITURE OF FRAUD PROCEEDS. 
Section 982 of title 18, United States Code, is amended— 
(1) in subsection (a)— 
(A) by redesignating the second paragraph designated 
as paragraph (6) as paragraph (7); and 
(B) by adding at the end the following: 
"(8) The Court, in sentencing a defendant convicted of an offense 
under section 1028, 1029, 1341, 1342, 1343, or 1344, or of a conspir-
acy to commit such an offense, if the offense involves telemarketing 
(as that term is defined in section 2325), shall order that the 
defendant forfeit to the United States any real or personal 
property— 
"(A) used or intended to be used to commit, to facilitate, 
or to promote the commission of such offense; and 
"(B) constituting, derived from, or traceable to the gross 
proceeds that the defendant obtained directly or indirectly as 
a result of the offense."; and 
(2) in subsection (b)(1)(A), by striking "(a)(1) or (a)(6)" and 
inserting "(a)(1), (a)(6), or (a)(8)". 
SEC. 
3
. 
PENALTY 
FOR 
TELEMARKETING 
FRAUD. 
Section 2326 of title 18, United States Code, is amended by 
striking "may" each place it appears £ind inserting "shall". 
SEC. 4. ADDITION OF CONSPIRACY OFFENSES TO SECTION 2326 
ENHANCEMENT. 
Section 2326 of title 18, United States Code, is amended by 
inserting ", or a conspiracy to commit such an offense," after "or 
1344". 
SEC. 6. CLARIFICATION OF MANDATORY RESTITUTION. 
Section 2327 of title 18, United States Code, is amended— 
(1) in subsection (a), by striking "for any offense under 
this chapter" and inserting "to all victims of any offense for 
which an enhanced penalty is provided under section 2326"; 
and 
(2) by striking subsection (c) and inserting the following: 
PUBLIC LAW 1 0 5 - 1 8 4 - J U N E 23, 1998 
112 STAT. 521 
"(c) VICTIM DEFINED.—In this section, the term Victim' has 
the meaning given that term in section 3663A(a)(2).". 
SEC. 6. AMENDMENT OF FEDEBAL SENTENCING GUIDELINES. 
28 USC 994 note. 
(a) DEFINITION OF TELEMARKETING.—In this section, the term 
"telemarketing" has the meaning given that term in section 2326 
of title 18, United States Code. 
(b) DIRECTIVE TO SENTENCING COMMISSION.—Pursuant to its 
authority under section 994(p) of title 28, United States Code, 
and in accordance with this section, the United States Sentencing 
Commission shall— 
(1) promulgate Federal sentencing guidelines or amend 
existing sentencing guidelines (and policy statements, if appro-
priate) to provide for substantially increased penalties for per-
sons convicted of offenses described in section 2326 of title 
18, United States Code, as amended by this Act, in connection 
with the conduct of telemarketing; and 
(2) submit to Congress an explanation of each action taken 
under paragraph (1) and any additional policy recommendations 
for combating the offenses described in that paragraph. 
(c) 
REQUIREMENTS.—In 
carrying 
out 
this 
section, 
the 
Commission shall— 
(1) ensure that the guidelines and policy statements 
promulgated or amended pursuant to subsection (b)(1) and 
any recommendations submitted thereunder reflect the serious 
nature of the offenses; 
(2) provide an additional appropriate sentencing enhance-
ment, if the offense involved sophisticated means, including 
but not limited to sophisticated concealment efforts, such as 
perpetrating the offense from outside the United States; 
(3) provide an additional appropriate sentencing enhance-
ment for cases in which a large number of vulnerable victims, 
including but not limited to victims described in section 2326(2) 
of title 18, United States Code, are affected by a fraudulent 
scheme or schemes; 
(4) ensure that guidelines and policy statements promul-
gated or amended pursuant to subsection (b)(1) are reasonably 
consistent with other relevant statutory directives to the 
Commission and with other guidelines; 
(5) account for any aggravating or mitigating circumstances 
that might justify upward or downward departures; 
(6) ensure that the guidelines adequately meet the purposes 
of sentencing as set forth in section 3553(a)(2) of title 18, 
United States Code; and 
(7) take any other action the Commission considers 
necessary to carry out this section. 
(d) EMERGENCY AUTHORITY.—The Commission shall promulgate Deadlines, 
the guidelines or amendments provided for under this subsection 
as soon as practicable, and in any event not later than 120 days 
after the date of the enactment of the Telemarketing Fraud Preven-
tion Act of 1998, in accordgince with the procedures set forth in 
section 21(a) of the Sentencing Reform Act of 1987, as though 
the authority under that authority had not expired, except that 
the Commission shall submit to Congress the emergency guidelines 
or amendments promulgated under this section, and shall set an 
effective date for those guidelines or amendments not earlier than 
30 days after their submission to Congress. 
112 STAT. 522 
PUBLIC LAW 105-184-JUNE 23, 1998 
SEC. 7. FALSE ADVERTISING OR MISUSE OF NAME TO INDICATE 
UNITED STATES MARSHALS SERVICE. 
Section 709 of title 18, United States Code, is amended by 
inserting after the thirteenth undesignated paragraph the following: 
"Whoever, except with the written permission of the Director 
of the United States Marshals Service, knowingly uses the words 
'United States Marshals Service', 'U.S. Marshals Service', 'United 
States Marshal', 'U.S. Marshal', 'U.S.M.S.', or any colorable imita-
tion of any such words, or the likeness of a United States Marshals 
Service badge, logo, or insignia on any item of apparel, in connection 
with any advertisement, circular, book, pamphlet, software, or other 
publication, or any play, motion picture, broadcast, telecast, or 
other production, in a manner that is reasonably calculated to 
convey the impression that the wearer of the item of apparel is 
acting pursuant to the legal authority of the United States Marshals 
Service, or to convey the impression that such advertisement, cir-
cular, book, pamphlet, software, or other publication, or such play, 
motion picture, broadcast, telecast, or other production, is approved, 
endorsed, or authorized by the United States Marshals Service;". 
SEC. 8. DISCLOSURE OF CERTAIN RECORDS FOR INVESTIGATIONS OF 
TELEMARKETING FRAUD. 
Section 2703(c)(1)(B) of title 18, United States Code, is 
amended— 
(1) by striking "or" at the end of clause (ii); 
(2) by striking the period at the end of clause (iii) and 
inserting "; or"; and 
(3) by adding at the end the following: 
"(iv) submits a formal written request relevant to a law 
enforcement investigation concerning telemarketing fraud for 
the name, address, and place of business of a subscriber or 
customer of such provider, which subscriber or customer is 
engaged in telemarketing (as such term is defined in section 
2325 of this title).". 
Approved June 23, 1998. 
LEGISLATIVE HISTORY—H.R. 1847: 
HOUSE REPORTS: No. 105-158 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD: 
Vol. 143 (1997): July 8, considered and passed House. 
Nov. 9, considered and passed Senate, amended. 
Vol. 144 (1998): June 16, House concurred in Senate amendment.