[House Report 110-353]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-353
======================================================================
WAR PROFITEERING PREVENTION ACT OF 2007
_______
September 27, 2007.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Conyers, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 400]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 400) to prohibit profiteering and fraud relating to
military action, relief, and reconstruction efforts, and for
other purposes, having considered the same, reports favorably
thereon with an amendment and recommends that the bill as
amended do pass.
CONTENTS
Page
The Amendment.................................................... 1
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 2
Hearings......................................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 4
Performance Goals and Objectives................................. 6
Constitutional Authority Statement............................... 6
Advisory on Earmarks............................................. 6
Section-by-Section Analysis...................................... 6
Changes in Existing Law Made by the Bill, as Reported............ 7
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``War Profiteering Prevention Act of
2007''.
SEC. 2. PROHIBITION OF PROFITEERING.
(a) Prohibition.--
(1) In general.--Chapter 47 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 1040. War profiteering and fraud
``(a) Prohibition.--
``(1) In general.--Whoever, in any matter involving a
contract or the provision of goods or services to the United
States or a provisional authority, in connection with a mission
of the United States Government overseas, knowingly--
``(A)(i) executes or attempts to execute a scheme
or artifice to defraud the United States or that
authority; or
``(ii) materially overvalues any good or service
with the intent to defraud the United States or that
authority;
shall be fined under paragraph (2), imprisoned not more
than 20 years, or both; or
``(B) in connection with the contract or the
provision of those goods or services--
``(i) falsifies, conceals, or covers up by
any trick, scheme, or device a material fact;
``(ii) makes any materially false,
fictitious, or fraudulent statements or
representations; or
``(iii) makes or uses any materially false
writing or document knowing the same to contain
any materially false, fictitious or fraudulent
statement or entry;
shall be fined under paragraph (2) imprisoned not more
than 10 years, or both.
``(2) Fine.--A person convicted of an offense under
paragraph (1) may be fined the greater of--
``(A) $1,000,000; or
``(B) if such person derives profits or other
proceeds from the offense, not more than twice the
gross profits or other proceeds.
``(b) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction over an offense under this section.
``(c) Venue.--A prosecution for an offense under this section may
be brought--
``(1) as authorized by chapter 211 of this title;
``(2) in any district where any act in furtherance of the
offense took place; or
``(3) in any district where any party to the contract or
provider of goods or services is located.''.
(2) Table of sections.--The table of sections for chapter
47 of title 18, United States Code, is amended by adding at the
end the following:
``1040. War profiteering and fraud.''.
(b) Criminal Forfeiture.--Section 982(a)(2)(B) of title 18, United
States Code, is amended by striking ``or 1030'' and inserting ``1030,
or 1040''.
(c) Money Laundering.--Section 1956(c)(7)(D) of title 18, United
States Code, is amended by inserting ``section 1040 (relating to war
profiteering and fraud),'' after ``liquidating agent of financial
institution),''.
(d) RICO.--Section 1961(1) of title 18, United States Code, is
amended by inserting ``section 1040 (relating to war profiteering and
fraud),'' after ``in connection with access devices),''.
Purpose and Summary
H.R. 400, ``The War Profiteering Prevention Act of 2007,''
strengthens the tools available to Federal law enforcement to
combat contracting fraud during times of war, military action,
or relief or reconstruction activities. The bill creates a new
criminal fraud offense in title 18 of the United States Code to
prohibit fraudulent acts involving the provision of goods or
services in connection with a mission of the United States
Government overseas. It also makes this new offense a predicate
crime for criminal forfeiture, as well as for Federal money
laundering and racketeering offenses.
Background and Need for the Legislation
Over the past 4 years, war profiteering and reconstruction
fraud have become a significant problem during the engagement
of United States forces in Iraq and Afghanistan. The United
States has devoted more than $50 billion to contractors for
relief and reconstruction activities in Iraq alone, with
billions of these dollars unaccounted for.\1\ For example, the
Special Inspector General for Iraq Reconstruction outlined in a
report that the former Coalition Provisional Authority in Iraq
could not account for nearly $8.8 billion.\2\
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\1\Steve Kroft, Billions Wasted in Iraq?, 60 Minutes, Feb. 12,
2006, available at http://www.cbsnews.com/stories/2006/02/09/60minutes/
printable1302378.shtml.
\2\Special Inspector General for Iraq Reconstruction, Report to
Congress (Jan. 30, 2005), available at http://www.sigir.mil/reports/
QuarterlyReports/Jan05/SIGIR%20Jan05%20-%20Report% 20to%20Congress.pdf
---------------------------------------------------------------------------
Private contractors have been used to a greater extent
during these war-time activities than at any time in our
history. The exigencies of war overseas, however, often make
oversight of these contractors more difficult, and expenditures
are often made with fewer audit and other controls than during
normal government procurement. As a result, the provision of
goods and services during these military actions, as well as
during relief and reconstruction activities, are more
vulnerable to acts of fraud and abuse.
Inspectors General have opened hundreds of investigations
into fraud, waste, and abuse in Iraq, Kuwait, and Afghanistan
involving, among other things, illegal kickbacks, bid-rigging,
embezzlement, and fraudulent over-billing. The Special
Inspector General for Iraq Reconstruction has more than 70 open
and active investigations regarding contracting fraud and abuse
in the war, with a number of them having been referred to the
Department of Justice.\3\ These investigations have uncovered
crimes committed by employees of large and small government
contractors in Iraq and Afghanistan, and many of these
investigations involve abuse of the ``cost-plus'' and ``no-
bid'' contracts used during times of emergency, such as
military, relief, or reconstruction activities. In addition,
private whistleblowers have filed numerous civil claims
involving contractors in Iraq under the False Claims Act.\4\
Considering the vast amount of evidence and investigations,
there have been relatively few prosecutions for reconstruction
fraud.
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\3\See War Profiteering and Other Contractor Crimes Committed
Overseas: Hearing Before the Subcomm. on Crime, Terrorism, and Homeland
Security of the H. Comm. on the Judiciary, 110th Cong. (2007)
(testimony of Stuart W. Bowen).
\4\There are an estimated 50 such cases pending against Iraq
contractors, including large firms like Kellogg Brown and Root. See
Yochi Dreazen, Attorney Pursues Iraq Contractor Fraud, Wall St. J.,
Apr. 19, 2006, at B1.
---------------------------------------------------------------------------
The lack of prosecutions--successful or otherwise--
underscores the inadequacies in current law. There is currently
no Federal criminal law specifically targeted at prohibiting
contracting fraud during times of war, military action, or
relief or reconstruction activities. Under current law, such
fraudulent activities do not constitute a criminal offense by
those who take advantage of exigent circumstances in times of
emergency. Moreover, no Federal law provides enhanced criminal
punishment for fraudulent acts during times of war, or relief
or reconstruction activities.
In addition, none of the current fraud statutes explicitly
extend extraterritorial jurisdiction for fraud offenses during
times of war, military action, or relief or reconstruction
activities. In the famous Custer Battles case, one contractor
in Iraq was found guilty of 37 counts of fraud, including false
billing, and was ordered to pay more than $10 million in
damages. A Federal judge subsequently overturned the decision
on a technicality that the contracts were let through the
Coalition Provisional Authority, which the court held not to be
part of the United States government, thereby barring the
application of United States fraud laws.\5\
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\5\Renae Merle, Verdict Against Iraq Contractor Overturned, Wash.
Post, Aug. 19, 2006, at D1.
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To address these gaps in existing law, Rep. Neil
Abercrombie (D-HI) introduced H.R. 400, the ``War Profiteering
Prevention Act of 2007,'' on February 2, 2007. A companion bill
to this measure was introduced by Senator Patrick Leahy (D-VT)
as S. 119.
Hearings
The Committee's Subcommittee on Crime, Terrorism, and
Homeland Security held 1 day of hearings on H.R. 400 on June
19, 2007. Testimony was received from the Honorable Stuart W.
Bowen, Jr., Special Inspector General for Iraq Reconstruction;
Thomas F. Gimble, Principal Deputy Inspector General, United
States Department of Defense; Barry M. Sabin, Deputy Assistant
Attorney General, United States Department of Justice; and Alan
Grayson, Grayson & Kubli, P.C.
Committee Consideration
On July 24, 2007, the Subcommittee on Crime, Terrorism, and
Homeland Security met in open session and ordered the bill,
H.R. 400, favorably reported, by voice vote, a quorum being
present. On August 1, 2007, the Committee met in open session
and ordered the bill, favorably reported with an amendment, by
voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of Rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 400.
Committee Oversight Findings
In compliance with clause 3(c)(1) of Rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of Rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of Rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of Rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 400, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 10, 2007.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 400, the War
Profiteering Prevention Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Peter R. Orszag,
Director.
Enclosure
cc:
Honorable Lamar S. Smith.
Ranking Member
H.R. 400--War Profiteering Prevention Act of 2007.
CBO estimates that implementing H.R. 400 would have no
significant cost to the Federal Government. Enacting the bill
could affect direct spending and revenues, but CBO estimates
that any such effects would not be significant.
H.R. 400 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on State, local, or tribal governments.
H.R. 400 would make it a Federal crime to commit fraudulent
acts while providing goods or services for a U.S. mission
overseas. Because the bill would establish a new offense, the
Government would be able to pursue cases that it otherwise
would not be able to prosecute. We expect that H.R. 400 would
apply to a relatively small number of offenders, so any
increase in costs for law enforcement, court proceedings, or
prison operations would not be significant. Any such costs
would be subject to the availability of appropriated funds.
Because those prosecuted and convicted under H.R. 400 could
be subject to criminal fines, the Federal Government might
collect additional fines if the legislation is enacted.
Criminal fines are recorded as revenues, deposited in the Crime
Victims Fund, and later spent. CBO expects that any additional
revenues and direct spending would not be significant because
of the small number of cases likely to be affected.
Persons prosecuted and convicted under the bill also could
be subject to the seizure of certain assets by the Federal
Government. Proceeds from the sale of such assets would be
deposited into the Assets Forfeiture Fund and spent from that
fund, mostly in the same year. Thus, enacting H.R. 400 could
increase both revenues deposited into the fund and direct
spending from the fund. However, CBO estimates that any
increased revenues or spending would be negligible.
On May 2, 2007, CBO transmitted a cost estimate for S. 119,
the War Profiteering Prevention Act of 2007, as ordered
reported by the Senate Committee on the Judiciary on April 25,
2007. The two bills are similar and the cost estimates are
identical.
The CBO staff contact for this estimate is Mark Grabowicz,
who can be reached at 226-2860. This estimate was approved by
Peter H. Fontaine, Assistant Director for Budget Analysis.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
Rule XIII of the Rules of the House of Representatives, H.R.
400, as amended, is intended to punish and deter the practice
of profiteering and fraud relating to military action, relief,
and reconstruction efforts.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of Rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article 1, section 8, clauses 10, 14, 16,
and 18 of the Constitution.
Advisory on Earmarks
In accordance with clause 9 of Rule XXI of the Rules of the
House of Representatives, H.R. 400 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Short title. Section 1 sets forth the short title
of the bill as the ``War Profiteering Prevention Act of 2007.''
Sec. 2. Prohibition of Profiteering. Section 2 creates a
new criminal offense in title 18 of the United States Code for
fraudulent acts involving contracts or the provision of goods
or services in connection with a mission of the United States
Government overseas. Such missions would include war, military
actions, and relief or reconstruction activities. This would
include circumstances where war was declared, or where the
Executive Branch was engaged in any military action with or
without congressional authorization. This would also include
relief or reconstruction activities, whether or not a war or
military action was undertaken. This provision applies not only
to any contract with the United States government overseas, but
also to any provisional authority, such as the Coalition
Provisional Authority in Iraq.
An offense under this provision may be committed by
engaging in fraudulent conduct or making a materially false
statement. Pursuant to this provision, it is a crime to execute
or attempt to execute a scheme or artifice to defraud the
United States or to materially overvalue any good or service
with the specific intent to defraud.
Section 2 is intended to prohibit schemes to defraud the
United States, including efforts to exploit ``cost plus'' or
``no-bid'' contracts by materially overvaluing goods or
services with the specific intent to defraud. On the other
hand, section 2 is not intended to prohibit or punish
contractors providing goods or services in the normal course of
business. To that end, the legislation specifically provides
that violators may only be criminally liable if they materially
overvalue any good or service ``with the intent to defraud.''
This requirement ensures that no contractor may be prosecuted
for this offense based on the contractor's merely negligent or
innocently mistaken conduct. Accordingly, a person's conduct
must be undertaken knowingly to constitute an offense under
this provision.
The material false statement provisions make it a crime to:
(1) falsify, conceal, or coverup by any trick, scheme, or
device a material fact; (2) make any materially false,
fictitious, or fraudulent statements or representations; or (3)
make or use any materially false writing or document knowing it
contains a false, fictitious, or fraudulent statement. This
language is consistent with other materially-false-statement
provisions under Federal law such as sections 1001 and 1035 of
title 18 of the United States Code.
Section 2 explicitly provides for extraterritorial
jurisdiction, and the provision is intended to extend
jurisdiction for such offenses to the full extent of United
States law. This is intended to ensure that offenses committed
outside the United States, even by non-United States nationals,
can be prosecuted. Furthermore, consistent with other Federal
fraud provisions, the United States Government need not be a
victim or incur any losses from an offense under this
provision, provided the conduct satisfies the other requisite
elements of the offense.
Section 2 establishes venue for the offense as authorized
by existing Federal statutes,\6\ including extradition, in any
district where any act in furtherance of the offense took
place, or where any party to the contract or the provider of
goods or services is located.
---------------------------------------------------------------------------
\6\See 18 U.S.C.A. Sec. Sec. 3231-3244 (2006).
---------------------------------------------------------------------------
A violation of the fraud component of this provision is
punishable by imprisonment for up to 20 years, and a violation
of the materially-false-statement component of this provision
is punishable by imprisonment for up to 10 years. All
violations are subject to fines of up to $1 million, or twice
the gross profits or other proceeds of the offense, whichever
is greater. In addition, any unlawful proceeds may be subject
to criminal forfeiture, and the new offense constitutes a
predicate crime for money laundering (18 U.S.C.
Sec. 1956(c)(7)) and for racketeering offenses (18 U.S.C.
Sec. 1961(1)).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of Rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
TITLE 18, UNITED STATES CODE
* * * * * * *
PART I--CRIMES
* * * * * * *
CHAPTER 46--FORFEITURE
* * * * * * *
Sec. 982. Criminal forfeiture
(a)(1) * * *
(2) The court, in imposing sentence on a person convicted
of a violation of, or a conspiracy to violate--
(A) * * *
(B) section 471, 472, 473, 474, 476, 477, 478, 479,
480, 481, 485, 486, 487, 488, 501, 502, 510, 542, 545,
842, 844, 1028, 1029, [or 1030] 1030, or 1040 of this
title, shall order that the person forfeit to the
United States any
* * * * * * *
CHAPTER 47--FRAUD AND FALSE STATEMENTS
Sec.
1001. Statements or entries generally.
* * * * * * *
1040. War profiteering and fraud.
* * * * * * *
Sec. 1040. War profiteering and fraud
(a) Prohibition.--
(1) In general.--Whoever, in any matter involving a
contract or the provision of goods or services to the
United States or a provisional authority, in connection
with a mission of the United States Government
overseas, knowingly--
(A)(i) executes or attempts to execute a
scheme or artifice to defraud the United States
or that authority; or
(ii) materially overvalues any good or
service with the intent to defraud the United
States or that authority;
shall be fined under paragraph (2), imprisoned
not more than 20 years, or both; or
(B) in connection with the contract or the
provision of those goods or services--
(i) falsifies, conceals, or covers
up by any trick, scheme, or device a
material fact;
(ii) makes any materially false,
fictitious, or fraudulent statements or
representations; or
(iii) makes or uses any materially
false writing or document knowing the
same to contain any materially false,
fictitious or fraudulent statement or
entry;
shall be fined under paragraph (2) imprisoned
not more than 10 years, or both.
(2) Fine.--A person convicted of an offense under
paragraph (1) may be fined the greater of--
(A) $1,000,000; or
(B) if such person derives profits or other
proceeds from the offense, not more than twice
the gross profits or other proceeds.
(b) Extraterritorial Jurisdiction.--There is
extraterritorial Federal jurisdiction over an offense under
this section.
(c) Venue.--A prosecution for an offense under this section
may be brought--
(1) as authorized by chapter 211 of this title;
(2) in any district where any act in furtherance of
the offense took place; or
(3) in any district where any party to the contract
or provider of goods or services is located.
* * * * * * *
CHAPTER 95--RACKETEERING
* * * * * * *
Sec. 1956. Laundering of monetary instruments
(a) * * *
* * * * * * *
(c) As used in this section--
(1) * * *
* * * * * * *
(7) the term ``specified unlawful activity''
means--
(A) * * *
* * * * * * *
(D) an offense under section 32 (relating
to the destruction of aircraft), section 37
(relating to violence at international
airports), section 115 (relating to
influencing, impeding, or retaliating against a
Federal official by threatening or injuring a
family member), section 152 (relating to
concealment of assets; false oaths and claims;
bribery), section 175c (relating to the variola
virus), section 215 (relating to commissions or
gifts for procuring loans), section 351
(relating to congressional or Cabinet officer
assassination), any of sections 500 through 503
(relating to certain counterfeiting offenses),
section 513 (relating to securities of States
and private entities), section 541 (relating to
goods falsely classified), section 542 relating
to entry of goods by means of false
statements), section 545 (relating to smuggling
goods into the United States), section 549
(relating to removing goods from Customs
custody), section 554 (relating to smuggling
goods from the United States), section 641
(relating to public money, property, or
records), section 656 (relating to theft,
embezzlement, or misapplication by bank officer
or employee), section 657 (relating to lending,
credit, and insurance institutions), section
658 (relating to property mortgaged or pledged
to farm credit agencies), section 666 (relating
to theft or bribery concerning programs
receiving Federal funds), section 793, 794, or
798 (relating to espionage), section 831
(relating to prohibited transactions involving
nuclear materials), section 844 (f) or (i)
(relating to destruction by explosives or fire
of Government property or property affecting
interstate or foreign commerce), section 875
(relating to interstate communications),
section 922(1) (relating to the unlawful
importation of firearms), section 924(n)
(relating to firearms trafficking), section 956
(relating to conspiracy to kill, kidnap, maim,
or injure certain property in a foreign
country), section 1005 (relating to fraudulent
bank entries), 1006(relating to fraudulent
Federal credit institution entries),
1007(relating to Federal Deposit Insurance
transactions), 1014(relating to fraudulent loan
or credit applications), section 1030 (relating
to computer fraud and abuse), 1032(relating to
concealment of assets from conservator,
receiver, or liquidating agent of financial
institution), section 1040 (relating to war
profiteering and fraud), section 1111 (relating
to murder), section 1114 (relating to murder of
United States law enforcement officials),
section 1116 (relating to murder of foreign
officials, official guests, or internationally
protected persons), section 1201 (relating to
kidnaping), section 1203 (relating to hostage
taking), section 1361 (relating to willful
injury of Government property), section 1363
(relating to destruction of property within the
special maritime and territorial jurisdiction),
section 1708 (theft from the mail), section
1751 (relating to Presidential assassination),
section 2113 or 2114 (relating to bank and
postal robbery and theft), section 2280
(relating to violence against maritime
navigation), section 2281 (relating to violence
against maritime fixed platforms), section 2319
(relating to copyright infringement), section
2320 (relating to trafficking in counterfeit
goods and services), section 2332 (relating to
terrorist acts abroad against United States
nationals), section 2332a (relating to use of
weapons of mass destruction), section 2332b
(relating to international terrorist acts
transcending national boundaries), section
2332g (relating to missile systems designed to
destroy aircraft), section 2332h (relating to
radiological dispersal devices), section 2339A
or 2339B (relating to providing material
support to terrorists), section 2339C (relating
to financing of terrorism), or section 2339D
(relating to receiving military-type training
from a foreign terrorist organization) of this
title, section 46502 of title 49, United States
Code, a felony violation of the Chemical
Diversion and Trafficking Act of 1988 (relating
to precursor and essential chemicals), section
590 of the Tariff Act of 1930 (19 U.S.C. 1590)
(relating to aviation smuggling), section 422
of the Controlled Substances Act (relating to
transportation of drug paraphernalia), section
38(c) (relating to criminal violations) of the
Arms Export Control Act, section 11 (relating
to violations) of the Export Administration Act
of 1979, section 206 (relating to penalties) of
the International Emergency Economic Powers
Act, section 16 (relating to offenses and
punishment) of the Trading with the Enemy Act,
any felony violation of section 15 of the Food
Stamp Act of 1977 (relating to food stamp
fraud) involving a quantity of coupons having a
value of not less than $5,000, any violation of
section 543(a)(1) of the Housing Act of 1949
(relating to equity skimming), any felony
violation of the Foreign Agents Registration
Act of 1938, any felony violation of the
Foreign Corrupt Practices Act, or section 92 of
the Atomic Energy Act of 1954 (42 U.S.C. 2122)
(relating to prohibitions governing atomic
weapons)
* * * * * * *
CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
* * * * * * *
Sec. 1961. Definitions
As used in this chapter--
(1) ``racketeering activity'' means (A) any act or
threat involving murder, kidnapping, gambling, arson,
robbery, bribery, extortion, dealing in obscene matter,
or dealing in a controlled substance or listed chemical
(as defined in section 102 of the Controlled Substances
Act), which is chargeable under State law and
punishable by imprisonment for more than one year; (B)
any act which is indictable under any of the following
provisions of title 18, United States Code: Section 201
(relating to bribery), section 224 (relating to sports
bribery), sections 471, 472, and 473 (relating to
counterfeiting), section 659 (relating to theft from
interstate shipment) if the act indictable under
section 659 is felonious, section 664 (relating to
embezzlement from pension and welfare funds), sections
891-894 (relating to extortionate credit transactions),
section 1028 (relating to fraud and related activity in
connection with identification documents), section 1029
(relating to fraud and related activity in connection
with access devices), section 1040 (relating to war
profiteering and fraud), section 1084 (relating to the
transmission of gambling information), section 1341
(relating to mail fraud), section 1343 (relating to
wire fraud), section 1344 (relating to financial
institution fraud), section 1425 (relating to the
procurement of citizenship or nationalization
unlawfully), section 1426 (relating to the reproduction
of naturalization or citizenship papers), section 1427
(relating to the sale of naturalization or citizenship
papers), sections 1461-1465 (relating to obscene
matter), section 1503 (relating to obstruction of
justice), section 1510 (relating to obstruction of
criminal investigations), section 1511 (relating to the
obstruction of State or local law enforcement), section
1512 (relating to tampering with a witness, victim, or
an informant), section 1513 (relating to retaliating
against a witness, victim, or an informant), section
1542 (relating to false statement in application and
use of passport), section 1543 (relating to forgery or
false use of passport), section 1544 (relating to
misuse of passport), section 1546 (relating to fraud
and misuse of visas, permits, and other documents),
sections 1581-1592 (relating to peonage, slavery, and
trafficking in persons)., section 1951 (relating to
interference with commerce, robbery, or extortion),
section 1952 (relating to racketeering), section 1953
(relating to interstate transportation of wagering
paraphernalia), section 1954 (relating to unlawful
welfare fund payments), section 1955 (relating to the
prohibition of illegal gambling businesses), section
1956 (relating to the laundering of monetary
instruments), section 1957 (relating to engaging in
monetary transactions in property derived from
specified unlawful activity), section 1958 (relating to
use of interstate commerce facilities in the commission
of murder-for-hire), section 1960 (relating to illegal
money transmitters), sections 2251, 2251A, 2252, and
2260 (relating to sexual exploitation of children),
sections 2312 and 2313 (relating to interstate
transportation of stolen motor vehicles), sections 2314
and 2315 (relating to interstate transportation of
stolen property) , section 2318 (relating to
trafficking in counterfeit labels for phonorecords,
computer programs or computer program documentation or
packaging and copies of motion pictures or other
audiovisual works), section 2319 (relating to criminal
infringement of a copyright), section 2319A (relating
to unauthorized fixation of and trafficking in sound
recordings and music videos of live musical
performances), section 2320 (relating to trafficking in
goods or services bearing counterfeit marks), section
2321 (relating to trafficking in certain motor vehicles
or motor vehicle parts), sections 2341-2346 (relating
to trafficking in contraband cigarettes), sections
2421-24 (relating to white slave traffic), sections
175-178 (relating to biological weapons), sections 229-
F (relating to chemical weapons), section 831 (relating
to nuclear materials),(C) any act which is indictable
under title 29, United States Code, section 186
(dealing with restrictions on payments and loans to
labor organizations) or section 501(c) (relating to
embezzlement from union funds), (D) any offense
involving fraud connected with a case under title 11
(except a case under section 157 of this title), fraud
in the sale of securities, or the felonious
manufacture, importation, receiving, concealment,
buying, selling, or otherwise dealing in a controlled
substance or listed chemical (as defined in section 102
of the Controlled Substances Act), punishable under any
law of the United States, (E) any act which is
indictable under the Currency and Foreign Transactions
Reporting Act, (F) any act which is indictable under
the Immigration and Nationality Act, section 274
(relating to bringing in and harboring certain aliens),
section 277 (relating to aiding or assisting certain
aliens to enter the United States), or section 278
(relating to importation of alien for immoral purpose)
if the act indictable under such section of such Act
was committed for the purpose of financial gain, or (G)
any act that is indictable under any provision listed
in section 2332b(g)(5)(B);
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