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(e) gives, obtains or receives a thing of value for acting or forbearing to act in any bankruptcy proceeding.

(2) Duration of Offense. The concealment of any property of a bankrupt is a continuing offense and the period of limitations shall not begin to run until the bankrupt shall have been finally discharged from bankruptcy or a discharge from bankruptcy finally denied.

(3) Definitions. In this section "bankrupt” means a debtor by or against whom a petition has been filed under Title 11 of the United States Code, and “bankruptcy proceeding” includes any proceeding, arrangement or plan pursuant to Title 11.

Comment

This section retains the portion of 18 U.S.C. § 152 that is not covered by other sections of the proposed Code. No substantive change in existing law is intended. One issue involves the manner of stating the intent which should accompany these offenses. Existing law requires that the defendant act "knowingly and fraudulently' and in certain instances that he intend "to defeat the bankruptcy law." The word "fraudulently" is not used here because of its imprecision. The "intent to defeat" language is not included because it does not seem appropriate or necessary to require that the actor know what the bankruptcy laws are and affirmatively intend to undercut them. Knowingly engaging in the described conduct with an intent to deceive the court or its officers, or with an intent to harm creditors of the bankrupt more accurately describes the appropriate mens rea. Federal jurisdiction over bankruptcy matters is plenary, under Article I. Section 8. of the Constitution: therefore, no jurisdictional base for this offense is here stated. Subsection (2) carries forward present 18 U.S.C. § 3284. See Working Papers, pp. 972, 982.

§ 1757. Rigging a Sporting Contest.

(1) Interference With a Sporting Contest. A person is guilty of a Class C felony if, with intent to prevent a publicly-exhibited sporting contest from being conducted in accordance with the rules and usages purporting to govern it, he:

(a) confers or offers or agrees to confer any benefit upon, or threatens any harm to, a participant, official or other person associated with the contest; or

(b) tampers with any person, animal or thing.

(2) Soliciting or Accepting Benefits. A person is guilty of a Class C felony if he knowingly solicits, accepts or agrees to accept any benefit the giving of which is prohibited under subsection (1).

(3) Definition. A "publicly-exhibited sporting contest" is any contest in any sport, between individual contestants or teams of

contestants, the occurrence of which is publicly announced in advance of the event.

(4) Status of Contestant. The status of the contestant as amateur or professional is not material to the commission of the offense described in this section.

(5) Jurisdiction. There is federal jurisdiction over an offense defined in this section under paragraphs (a), (b), (e) or (h) of section 201.

Comment

The proposal advanced here is somewhat more elaborate than the existing statute (18 U.S.C. § 224), but is not intended to alter its coverage substantially. Expansion of the offense to reach other public exhibitions, e.g., quiz contests, was considered, but was not provided because of uncertainty as to public expectations and accepted practices with respect to other public exhibitions.

Another possible expansion of existing law would be proscription of mere participation in a rigged contest with knowledge it has been rigged. Such participation constitutes a fraud on the public similar to direct receipt or offer of the bribe. The difference in the degree of culpability could be reflected in grading. The offense has not been so extended, however, on the ground that those truly culpable in such affairs can be reached by provisions on complicity and that the offense would, in effect, be one of failure to inform on others (an omission for which criminal sanctions are rarely employed).

See Working Papers, pp. 972-73, 982.

§ 1758. Commercial Bribery.

(1) Giving Bribe. A person is guilty of a Class A misdemeanor if he :

(a) confers or agrees or offers to confer any benefit upon an employee or agent without the consent of the latter's employer or principal, with intent to influence his conduct in relation to his employer's or principal's affairs; or

(b) confers or agrees or offers to confer any benefit upon any fiduciary without the consent of the beneficiary, with intent to influence the fiduciary to act or conduct himself contrary to his fiduciary obligation.

(2) Receiving Bribe. A person is guilty of a Class A misdemeanor if he knowingly solicits, accepts or agrees to accept any benefit the giving of which is prohibited under subsection (1).

(3) Jurisdiction. There is federal jurisdiction over an offense defined in this section under any of the following circumstances: (a) Common Bases-under paragraphs (a) or (b) of section 201;

(b) National Credit Institutions-when the person committing the offense or the person who is the subject of the offense is an agent, fiduciary or employee of a national credit institution (as defined in section 219) or of a small business investment company (as defined in 15 U.S.C. § 662), and the offense is committed in connection with his duties;

(c) Employee Welfare or Pension Plan-when the person committing the offense or the person who is the subject of the offense is an agent, fiduciary or employee of an employee welfare benefit plan or employee pension benefit plan subject to 29 U.S.C., Ch. 10; or is an employer any of whose employees are covered by such plan; or is an agent, fiduciary or employee of an employer any of whose employees are covered by such plan; or is an agent, fiduciary or employee of an employee organization any of whose members are covered by such plan; or is a person who, or an agent, fiduciary or employee of an organization which, provides benefit plan services to such plan; and the offense is committed in connection with his duties:

(d) Interstate Facilities-when the person committing the offense or the person who is the subject of the offense is an agent, fiduciary or employee of any interstate facility and the offense is committed in the course of his duties;

(e) Military Service Clubs-when the person committing the offense or the person who is the subject of the offense is an agent, fiduciary or employee of a military officers' or servicemen's club for personnel on active duty, or of a military post exchange, and the offense is committed in connection with his duties.

Comment

Existing law proscribes commercial bribery committed in specific areas of federal regulation, such as with respect to banks, employee benefit plans and railroads. See 18 U.S.C. § 214 (failing to disclose fee for endeavoring to procure Federal Reserve bank loan for another) and § 215 (bank officer receiving gift for making loan). The scheme of § 1758 is to carry forward these provisions under a common definition and common grading of the misconduct and by a description of the specific situations invoking federal concern in the jurisdictional bases. Added to the list of current application are military service clubs (subsection (3) (e)), interstate facilities other than railroads and any commercial bribery in federal enclaves. See Working Papers, pp. 973, 982.

§ 1759. Unlawful Trafficking in Food Stamp Coupons.

(1) Offense. A person is guilty of an offense if he knowingly traffics in food stamp coupons in violation of the regulatory law.

(2) Definitions. In this section:

(a) "traffics" means:

(i) transfers or otherwise disposes of the coupons to another;

(ii) possesses the coupons with intent to transfer or otherwise dispose of them to another; or

(iii) obtains or receives the coupons;

(b) "regulatory law" means Chapter 51 of Title 7, United States Code, and regulations issued pursuant thereto.

(3) Grading. The offense is a Class C felony if the value of the coupons exceeds $500 and the trafficking was engaged in with intent that the coupons be used by a person not authorized to use them or that the coupons be used to purchase a thing other than food, as defined in the regulatory law. Otherwise the offense is a Class A misdemeanor.

(4) Valuation. For purposes of grading, the value of the coupons shall be the face value. Trafficking committed pursuant to one scheme or course of conduct may be charged as one offense and the value of the coupons involved may be aggregated in determining the grade of the offense.

Comment

This section brings into the Code criminal provisions connected with the federal food stamp program, primarily to provide felony grading for certain violations, rather than to leave all violations subject to reduction to Class A misdemeanors pursuant to Code § 3006. Instead of the $100 felony/misdemeanor line of 7 U.S.C. § 2023, grading follows the $500 felony/misdemeanor line found in Code provisions dealing with theft and forgery and, in addition, requires for the felony a specific intent to undermine the basic purposes of the program, in order to exclude from felony treatment technical violations which may involve coupons valued at more than $500. Serious violations now covered by 7 U.S.C. § 2023 which are not within this section are covered by other Code provisions, e.g., presenting illegally obtained coupons to the government for redemption would be attempted theft.

ECONOMIC REGULATION

§ 1771. Engaging in or Financing Criminal Usury Business.

(1) Offense. A person is guilty of a Class C felony if he knowingly engages in, or directly or indirectly provides financing for, the business of making extensions of credit at such a rate of interest that repayment or performance of any promise given in consideration thereof is unenforceable through civil judicial process (a) in the jurisdiction where the debtor, if a natural person,

resided at the time credit was extended or (b) in every jurisdiction within which the debtor, if other than a natural person, was incorporated or qualified to do business at the time credit was extended.

(2) Presumptions. Knowledge of unenforceability shall be presumed, in the case of a person engaging in the business, if any of the following exist, and in the case of a person directly or indirectly providing financing, if he knew any of the following:

(a) it is an offense in the relevant jurisdiction described in subsection (1) to charge, take or receive interest at the rate involved;

(b) the rate of interest charged, taken or received is 50 or more percentum greater than the maximum enforceable rate of interest in the relevant jurisdiction described in subsection (1); or

(c) the rate of interest involved exceeds 45 percentum per annum or the equivalent rate for a longer or shorter period. (3) Rate of Interest. Unless otherwise provided by the law of the relevant jurisdiction described in subsection (1), the rate of interest is to be calculated according to the actuarial method of allocating payments made on a debt between principal and interest, pursuant to which a payment is applied first to the accumulated interest and the balance is applied to the unpaid principal.

(4) Defense. It is a defense to a prosecution under this section that the defendant was licensed or otherwise authorized by the United States or a state government to engage in the business of making extensions of credit.

(5) Definitions. In this section:

(a) an "extension of credit" means any loan, or any agreement tacit or express whereby the repayment or satisfaction of any debt, whether acknowledged or disputed, valid or invalid, and however arising, may or will be deferred;

(b) "debtor" means any person to whom an extension of credit is made, or who guarantees the repayment of that extension of credit, or in any manner undertakes to indemnify the creditor against loss resulting from the failure of any person to whom that extension of credit is made to repay the same; (c) the repayment of any extension of credit includes the repayment, satisfaction, or discharge in whole or in part of any debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit.

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