HR 8205 — Keeping Violent Offenders Off Our Streets Act

changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

 TITLE 18, UNITED STATES CODE

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PART I--CRIMES

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CHAPTER 47--FRAUD AND FALSE STATEMENTS

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Sec. 1033. Crimes by or affecting persons engaged in the business of 
 insurance whose activities affect interstate 
 commerce

 (a)(1) Whoever is engaged in the business of insurance whose 
activities affect interstate commerce and knowingly, with the 
intent to deceive, 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 
 official 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 imprisonment 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 
jeopardized the safety and soundness of an insurer and was a 
significant cause of such insurer being placed in conservation, 
rehabilitation, or liquidation by an appropriate court.
 (b)(1) Whoever--
 (A) acting as, or being an officer, director, agent, 
 or employee of, any person engaged in the business of 
 insurance whose activities affect interstate commerce, 
 or
 (B) is engaged in the business of insurance 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 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 misappropriation described in 
paragraph (1) jeopardized the safety and soundness of an 
insurer and was a significant cause of such insurer being 
placed in conservation, rehabilitation, or liquidation by an 
appropriate court, 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.
 (c)(1) Whoever is engaged in the business of insurance 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 conduct of affairs 
of such a business, knowingly makes any false entry of material 
fact in any book, report, or statement of such person engaged 
in the business of insurance with intent to deceive any person, 
including 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 person jeopardized the 
safety and soundness of an insurer and was a significant cause 
of such insurer being placed in conservation, rehabilitation, 
or liquidation by an appropriate court, such imprisonment shall 
be not more than 15 years.
 (d) Whoever, by threats or force or by any threatening letter 
or communication, corruptly influences, obstructs, or impedes 
or endeavors corruptly to influence, obstruct, 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 imprisoned 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 insurance whose 
activities affect interstate commerce or participates 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 engage in the 
business of insurance or participate in such business if such 
person has the written consent of any insurance regulatory 
official authorized to regulate the insurer, 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 (including the 
 posting of monetary bail, criminal bail bonds, 
 and Federal immigration bail bonds), or
 (B) the reinsuring of risks,
 by an insurer, including all acts necessary or 
 incidental to such writing or reinsuring and the 
 activities 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, and includes any person 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 Columbia, 
 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;
 (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 Islands, 
 American Samoa, and the Trust Territory of the Pacific 
 Islands.

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