Page:United States Statutes at Large Volume 115 Part 1.djvu/337

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PUBLIC LAW 107-56 —OCT. 26, 2001 115 STAT. 315 or criminal contempt of court, and may also result in an enhancement of the sentence of the defendant under the obstruction of justice provision of the Federal Sentencing Guidelines. ". SEC. 320. PROCEEDS OF FOREIGN CRIMES. Section 981(a)(1)(B) of title 18, United States Code, is amended to read as follows: "(B) Any property, real or personal, within the jurisdiction of the United States, constituting, derived from, or traceable to, any proceeds obtained directly or indirectly from an offense against a foreign nation, or any property used to facilitate such an offense, if the offense— "(i) involves the manufacture, importation, sale, or distribution of a controlled substance (as that term is defined for purposes of the Controlled Substances Act), or any other conduct described in section 1956(c)(7)(B); "(ii) would be punishable within the jurisdiction of the foreign nation by death or imprisonment for a term exceeding 1 year; and "(iii) would be punishable under the laws of the United States by imprisonment for a term exceeding 1 year, if the act or activity constituting the offense had occurred within the jurisdiction of the United States.". SEC. 321. FINANCIAL INSTITUTIONS SPECIFIED IN SUBCHAPTER II OF CHAPTER 53 OF TITLE 31, UNITED STATES CODE. (a) CREDIT UNIONS.— Subparagraph (E) of section 5312(2) of title 31, United States Code, is amended to read as follows: "(E) any credit union;". (b) FUTURES COMMISSION MERCHANT; COMMODITY TRADING ADVISOR; COMMODITY POOL OPERATOR.— Section 5312 of title 31, United States Code, is amended by adding at the end the following new subsection: "(c) ADDITIONAL DEFINITIONS. —For purposes of this subchapter, the following definitions shall apply: "(1) CERTAIN INSTITUTIONS INCLUDED IN DEFINITION.— The term 'financial institution' (as defined in subsection (a)) includes the following: "(A) Any futures commission merchant, commodity trading advisor, or commodity pool operator registered, or required to register, under the Commodity Exchange Act.". (c) CFTC INCLUDED. —For purposes of this Act and any amend- 31 USC 5318 ment made by this Act to any other provision of law, the term note. "Federal functional regulator" includes the Commodity Futures Trading Commission. SEC. 322. CORPORATION REPRESENTED BY A FUGITIVE. Section 2466 of title 18, United States Code, is amended by designating the present matter as subsection (a), and adding at the end the following: "(b) Subsection (a) may be applied to a claim filed by a corporation if any majority shareholder, or individual filing the claim on behalf of the corporation is a person to whom subsection (a) applies. ". SEC. 323. ENFORCEMENT OF FOREIGN JUDGMENTS. Section 2467 of title 28, United States Code, is amended—