105th Congress > House > Vote 860
Clerk session vote number: 232
Description: Telemarketing Fraud Prevention Act
Bill summary: Telemarketing Fraud Prevention Act of 1997 - Amends the Federal criminal code to require the court, in sentencing a defendant for specified offenses of fraud involving telemarketing, or conspiracies to commit such offenses, to order that the defendant forfeit to the United States any real or personal property: (1) used or intended to be used in the commission of such offense; and (2) constituting, derived from, or traceable to the gross proceeds of the offense.
(Sec. 3) Requires (current law
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permits) persons convicted of fraud in connection with telemarketing to be imprisoned for specified terms in addition to any term imposed for the fraud.
(Sec. 4) Makes telemarketing fraud enhanced penalty provisions applicable to conspiracies to commit such offenses.
(Sec. 5) Revises mandatory restitution provisions under the code to: (1) direct the court to order restitution to all victims of any offense of fraud for which an enhanced penalty is provided in connection with telemarketing; and (2) define "victim" to have the meaning given that term in code provisions regarding orders of restitution.
(Sec. 6) Directs the United States Sentencing Commission to: (1) promulgate Federal sentencing guidelines or amend existing guidelines and policy statements, if appropriate (in accordance with specified requirements), to provide for substantially increased penalties for persons convicted of offenses of fraud for which an enhanced penalty is provided in connection with telemarketing; and (2) submit to the Congress an explanation of each action taken and any additional policy recommendations for combating such offenses.
(Sec. 7) Prohibits use of the name "United States Marshals Service" or specified derivations thereof in a manner reasonably calculated to convey endorsement, approval, or authorization by the Service except with the written permission of the Director of the Service.
(Sec. 8) Directs a provider of an electronic communication or remote computing service to disclose records or information pertaining to a subscriber to or customer of such service to a governmental entity when such entity submits a formal written request, relevant to a law enforcement investigation concerning telemarketing fraud.
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Bill titles: To improve the criminal law relating to fraud against consumers.
Links for more info on the vote: congress.gov
