Page 45 - BILLS-107hr3162enr

H. R. 3162—44
or criminal contempt of court, and may also result in an
enhancement of the sentence of the defendant under the
obstruction of justice provision of the Federal Sentencing
Guidelines.’’.
SEC. 320. PROCEEDS OF FOREIGN CRIMES.
Section 981(a)(1)(B) of title 18, United States Code, is amended
to read as follows:
‘‘(B) Any property, real or personal, within the jurisdiction
of the United States, constituting, derived from, or traceable
to, any proceeds obtained directly or indirectly from an offense
against a foreign nation, or any property used to facilitate
such an offense, if the offense—
‘‘(i) involves the manufacture, importation, sale, or dis-
tribution of a controlled substance (as that term is defined
for purposes of the Controlled Substances Act), or any
other conduct described in section 1956(c)(7)(B);
‘‘(ii) would be punishable within the jurisdiction of
the foreign nation by death or imprisonment for a term
exceeding 1 year; and
‘‘(iii) would be punishable under the laws of the United
States by imprisonment for a term exceeding 1 year, if
the act or activity constituting the offense had occurred
within the jurisdiction of the United States.’’.
SEC. 321. FINANCIAL INSTITUTIONS SPECIFIED IN SUBCHAPTER II OF
CHAPTER 53 OF TITLE 31, UNITED STATES CODE.
(a) CREDIT UNIONS.—Subparagraph (E) of section 5312(2) of
title 31, United States Code, is amended to read as follows:
‘‘(E) any credit union;’’.
(b) FUTURES COMMISSION MERCHANT; COMMODITY TRADING
ADVISOR; COMMODITY POOL OPERATOR.—Section 5312 of title 31,
United States Code, is amended by adding at the end the following
new subsection:
‘‘(c) ADDITIONAL DEFINITIONS.—For purposes of this subchapter,
the following definitions shall apply:
‘‘(1) CERTAIN INSTITUTIONS INCLUDED IN DEFINITION.—The
term ‘financial institution’ (as defined in subsection (a)) includes
the following:
‘‘(A) Any futures commission merchant, commodity
trading advisor, or commodity pool operator registered, or
required to register, under the Commodity Exchange Act.’’.
(c) CFTC INCLUDED.—For purposes of this Act and any amend-
ment made by this Act to any other provision of law, the term
‘‘Federal functional regulator’’ includes the Commodity Futures
Trading Commission.
SEC. 322. CORPORATION REPRESENTED BY A FUGITIVE.
Section 2466 of title 18, United States Code, is amended by
designating the present matter as subsection (a), and adding at
the end the following:
‘‘(b) Subsection (a) may be applied to a claim filed by a corpora-
tion if any majority shareholder, or individual filing the claim
on behalf of the corporation is a person to whom subsection (a)
applies.’’.
SEC. 323. ENFORCEMENT OF FOREIGN JUDGMENTS.
Section 2467 of title 28, United States Code, is amended—