18 U.S. Code § 38 - Fraud involving aircraft or space vehicle parts in interstate or foreign commerce
Fraud involving aircraft or space vehicle parts in interstate or foreign commerce
(a)Offenses.—Whoever, in or affecting interstate or foreign commerce, knowingly and with the intent to defraud—
exports from or imports or introduces into the United States, sells, trades, installs on or in any aircraft or space vehicle any aircraft or space vehicle part using or by means of a fraudulent representation, document, record, certification, depiction, data plate, label, or electronic communication; or
attempts or conspires to commit an offense described in paragraph (1) or (2),
shall be punished as provided in subsection (b).
(b)Penalties.—The punishment for an offense under subsection (a) is as follows:
(2)Failure to operate as represented.—
If, by reason of the failure of the part to operate as represented, the part to which the offense is related is the proximate cause of a malfunction or failure that results in serious bodily injury (as defined in section 1365), a fine of not more than $1,000,000, imprisonment for not more than 20 years, or both.
(3)Failure resulting in death.—
In the case of an offense under subsection (a) not described in paragraph (1), (2), or (3) of this subsection, a fine under this title, imprisonment for not more than 10 years, or both.
(c) Civil Remedies.—
(1)In general.—The district courts of the United States shall have jurisdiction to prevent and restrain violations of this section by issuing appropriate orders, including—
ordering the dissolution or reorganization of any enterprise knowingly used to commit or facilitate the commission of an offense under this section making due provisions for the rights and interests of innocent persons.
(2)Restraining orders and prohibition.—
Pending final determination of a proceeding brought under this section, the court may enter such restraining orders or prohibitions, or take such other actions (including the acceptance of satisfactory performance bonds) as the court deems proper.
(d) Criminal Forfeiture.—
(1)In general.—The court, in imposing sentence on any person convicted of an offense under this section, shall order, in addition to any other sentence and irrespective of any provision of State law, that the person forfeit to the United States—
(2)Application of other law.—
The forfeiture of property under this section, including any seizure and disposition of the property, and any proceedings relating to the property, shall be governed by section 413 of the Comprehensive Drug Abuse and Prevention Act of 1970 (21 U.S.C. 853) (not including subsection (d) of that section).
(e)Construction With Other Law.—
(f)Territorial Scope.—This section also applies to conduct occurring outside the United States if—
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