Obstruction of criminal investigations

  1. Law
  2. USC 18
  3. Crimes And Criminal Procedure
  4. CRIMES
  5. OBSTRUCTION OF JUSTICE
  6. Obstruction of criminal investigations

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§1510. Obstruction of criminal investigations

(a) Whoever willfully endeavors by means of bribery to obstruct, delay, or prevent the communication of information relating to a violation of any criminal statute of the United States by any person to a criminal investigator shall be fined under this title, or imprisoned not more than five years, or both.

(b)(1) Whoever, being an officer of a financial institution, with the intent to obstruct a judicial proceeding, directly or indirectly notifies any other person about the existence or contents of a subpoena for records of that financial institution, or information that has been furnished in response to that subpoena, shall be fined under this title or imprisoned not more than 5 years, or both.

(2) Whoever, being an officer of a financial institution, directly or indirectly notifies-

(A) a customer of that financial institution whose records are sought by a subpoena for records; or

(B) any other person named in that subpoena;


about the existence or contents of that subpoena or information that has been furnished in response to that subpoena, shall be fined under this title or imprisoned not more than one year, or both.

(3) As used in this subsection-

(A) the term "an officer of a financial institution" means an officer, director, partner, employee, agent, or attorney of or for a financial institution; and

(B) the term "subpoena for records" means a Federal grand jury subpoena or a Department of Justice subpoena (issued under section 3486 of title 18), for customer records that has been served relating to a violation of, or a conspiracy to violate-

(i) section 215, 656, 657, 1005, 1006, 1007, 1014, 1344, 1956, 1957, or chapter 53 of title 31; or

(ii) section 1341 or 1343 affecting a financial institution.


(c) As used in this section, the term "criminal investigator" means any individual duly authorized by a department, agency, or armed force of the United States to conduct or engage in investigations of or prosecutions for violations of the criminal laws of the United States.

(d)(1) Whoever-

(A) acting as, or being, an officer, director, agent or employee of a 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,


with intent to obstruct a judicial proceeding, directly or indirectly notifies any other person about the existence or contents of a subpoena for records of that person engaged in such business or information that has been furnished to a Federal grand jury in response to that subpoena, shall be fined as provided by this title or imprisoned not more than 5 years, or both.

(2) As used in paragraph (1), the term "subpoena for records" means a Federal grand jury subpoena for records that has been served relating to a violation of, or a conspiracy to violate, section 1033 of this title.

(e) Whoever, having been notified of the applicable disclosure prohibitions or confidentiality requirements of section 2709(c)(1) of this title, section 626(d)(1) or 627(c)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681u(d)(1) or 1681v(c)(1)), section 1114(a)(3)(A) or 1114(a)(5)(D)(i) of the Right to Financial Privacy Act 1 (12 U.S.C. 3414(a)(3)(A) or 3414(a)(5)(D)(i)), or section 802(b)(1) of the National Security Act of 1947 (50 U.S.C. 436(b)(1)),2 knowingly and with the intent to obstruct an investigation or judicial proceeding violates such prohibitions or requirements applicable by law to such person shall be imprisoned for not more than five years, fined under this title, or both.

(Added Pub. L. 90–123, §1(a), Nov. 3, 1967, 81 Stat. 362 ; amended Pub. L. 97–291, §4(e), Oct. 12, 1982, 96 Stat. 1253 ; Pub. L. 101–73, title IX, §962(c), Aug. 9, 1989, 103 Stat. 502 ; Pub. L. 102–550, title XV, §1528, Oct. 28, 1992, 106 Stat. 4065 ; Pub. L. 103–322, title XXXII, §320604(c), title XXXIII, §330016(1)(K), Sept. 13, 1994, 108 Stat. 2119 , 2147; Pub. L. 104–191, title II, §248(c), Aug. 21, 1996, 110 Stat. 2020 ; Pub. L. 109–177, title I, §117, Mar. 9, 2006, 120 Stat. 217 ; Pub. L. 111–148, title X, §10606(d)(1), Mar. 23, 2010, 124 Stat. 1008 .)


Editorial Notes

References in Text

The National Security Act of 1947, referred to in subsec. (e), is act July 26, 1947, ch. 343, 61 Stat. 495 , which was formerly classified principally to chapter 15 (§401 et seq.) of Title 50, War and National Defense, prior to editorial reclassification in chapter 44 (§3001 et seq.) of Title 50. Section 802 of this Act is now classified to section 3162 of Title 50. For complete classification of this Act to the Code, see Tables.

Amendments

2010-Subsec. (b)(1). Pub. L. 111–148, §10606(d)(1)(A), struck out "to the grand jury" after "has been furnished".

Subsec. (b)(2). Pub. L. 111–148, §10606(d)(1)(B)(ii), struck out "to the grand jury" after "has been furnished" in concluding provisions.

Subsec. (b)(2)(A). Pub. L. 111–148, §10606(d)(1)(B)(i), substituted "subpoena for records" for "grand jury subpoena".

2006-Subsec. (e). Pub. L. 109–177 added subsec. (e).

1996-Subsec. (b)(3)(B). Pub. L. 104–191 which directed the insertion of "or a Department of Justice subpoena (issued under section 3486 of title 18)," after "subpoena", was executed by making the insertion after "subpoena" the second place it appeared to reflect the probable intent of Congress.

1994-Subsec. (a). Pub. L. 103–322, §330016(1)(K), substituted "fined under this title" for "fined not more than $5,000".

Subsec. (d). Pub. L. 103–322, §320604(c), added subsec. (d).

1992-Subsec. (b)(3)(B)(i). Pub. L. 102–550 substituted "1344, 1956, 1957, or chapter 53 of title 31" for "or 1344".

1989-Subsecs. (b), (c). Pub. L. 101–73 added subsec. (b) and redesignated former subsec. (b) as (c).

1982-Subsec. (a). Pub. L. 97–291 struck out ", misrepresentation, intimidation, or force or threats thereof" after "bribery", and struck out provision applying the penalties provided by this subsection to whoever injured any person in his person or property on account of the giving by such person or any other person of any information relating to a violation of any criminal statute of the United States to any criminal investigator.


Statutory Notes and Related Subsidiaries

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–291 effective Oct. 12, 1982, see section 9(a) of Pub. L. 97–291, set out as an Effective Date note under section 1512 of this title.

1 So in original. Probably should be followed by "of 1978".

2 See References in Text note below.


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