110th Congress (2007-2008)

It seems that Congress introduces a new criminal offense nearly every day and frequently those offenses are poorly drafted, lacking an adequate mens rea requirement, or duplicative of existing criminal law. Active tracking of white collar-related government legislation and activity forms a cornerstone of our mission: To develop timely and effective responses to relevant legislation, both through our own membership and through coalition-building. This page details white collar-related criminal legislation of particular concern from the 110th Congress. Each listing includes a description of the bill and select related resources.

Bill Summaries

H.R. 845, The "Criminal Restitution Improvement Act of 2007" - This bill is designed to overhaul and consolidate federal law relating to restitution in criminal cases. The bill would require a court to “order a convicted defendant to make restitution for all pecuniary loss to identifiable victims, including pecuniary loss resulting from physical injury to, or the death of, another, proximately resulting from the offense.” In addition, it would expand the extent of such restitution to include specifically attorneys’ fees incurred by a victim during his or her participation in the investigation or prosecution of the offense. ...more 

H.R. 1050, "A Living Wage, Jobs For All Act of 2007" - This bill sets forth a number of findings and a statement of policy declaring that Congress affirms basic rights regarding human dignity, personal security, collective bargaining, the environment, and voting. As part of a scheme to promote these goals, the Act, among other things, tasks every corporation registered with the Securities and Exchange Commission with filing an annual report with the Commission including full disclosure of information on how the corporation’s activities have impacted on “environmental quality, on child labor, and on the rights of other stakeholders, including employees, consumers, and communities.” The bill also calls for states to require similar annual reports from all state-chartered corporations. The bill proposes that corporations that have been particularly “responsible” with regard to the environment and stakeholder rights should be singled out for award. ...more  

H.R. 2438, The "Clean Up Government Act of 2007" - This bill would dramatically expand several white collar criminal statutes, H.R. 2438 proposes to both broaden the scope of an array of federal offenses and to increase prison sentences for certain bribery and theft crimes. In addition to altering statutes dealing with bribery of and unlawful gratuities given to public officials and witnesses and embezzlement or theft of public funds or concerning programs receiving federal funding, the bill would also expand the federal mail and wire fraud statutes, 18 U.S.C. §§ 1341 and 1343. ...more 

S. 118, The "Effective Corruption Prosecutions Act of 2007" - This bill attempts to provide investigators and prosecutors further “tools” to prosecute corruption offenses, the “Effective Corruption Prosecutions Act of 2007” would extend the statute of limitations for bribery or unlawful gratuities involving public officials or witnesses (18 U.S.C. § 201), federal program bribery (18 U.S.C. § 666), mail and wire fraud (18 U.S.C. §§ 1341 and 1343) involving a scheme to deprive another of the intangible right of honest services of a public official, and interference with commerce or interstate travel in aid of racketeering enterprises (18 U.S.C. §§ 1951-52) from 5 to 8 years. An essentially identical bill, H.R. 1872, has been introduced in the House. ...more 

S. 119, The "War Profiteering Prevention Act of 2007" - This bill, which was reported to the Senate on May 15 as amended by the Judiciary Committee, would create two new federal felonies (carrying enhanced sentences) for certain conduct that is already covered by the United States Code. The bill would apply to conduct involving a contract, or the provision of goods or services, in connection with a war or other military, reconstruction, or relief activities. Under the bill, a person who in wartime knowingly and willfully executes or attempts a scheme or artifice to defraud the United States or materially overvalues any good or service with the specific intent to defraud would be punishable by a fine of $1 million or twice the proceeds of the offense and up to 20 years in prison. ...more 

S. 3217 & H.R. 3013, The Attorney-Client Privilege Protection Act of 2007" - These bills are designed to preserve the attorney-client privilege and attorney work-product protections available to a company or organization as well as to safeguard the constitutional rights and other legal protections available to employees of such an organization. They do so by placing practical and clearly defined limits on a federal agency’s power to coerce or pressure an organization to waive its legitimate legal protections or to act against the interests of its employees during the course of an investigation. ...more 

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