116 STAT. 804
PUBLIC LAW 107-204-^ULY 30, 2002
"(2) COMPENSATORY DAMAGES.— Relief for any action under
paragraph (1) shall include—
"(A) reinstatement with the same seniority status that
the employee would have had, but for the discrimination;
"(B) the amount of back pay, with interest; and
"(C) compensation for any special damages sustained
as a result of the discrimination, including litigation costs,
expert witness fees, and reasonable attorney fees.
"(d) RIGHTS RETAINED BY EMPLOYEE.— Nothing in this section
shall be deemed to diminish the rights, privileges, or remedies
of any employee under any Federal or State law, or under any
collective bargaining agreement.".
(b) CLERICAL AMENDMENT. — The table of sections at the beginning of chapter 73 of title 18, United States Code, is amended
by inserting after the item relating to section 1514 the following
new item:
"1514A. Civil action to protect against retaliation in fraud cases.".
SEC. 807. CRIMINAL PENALTIES FOR DEFRAUDING SHAREHOLDERS
OF PUBLICLY TRADED COMPANIES.
(a) IN GENERAL. —Chapter 63 of title 18, United States Code,
is amended by adding at the end the following:
"§ 1348. Securities fraud
"Whoever knowingly executes, or attempts to execute, a scheme
or artifice—
"(1) to defraud any person in connection with any security
of an issuer with a class of securities registered under section
12 of the Securities Exchange Act of 1934 (15 U.S.C. 781)
or that is required to file reports under section 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78o(d)); or
"(2) to obtain, by means of false or fraudulent pretenses,
representations, or promises, any money or property in connection with the purchase or sale of any security of an issuer
with a class of securities registered under section 12 of the
Securities Exchange Act of 1934 (15 U.S.C. 781) or that is
required to file reports under section 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78o(d));
shall be fined under this title, or imprisoned not more than 25
years, or both.".
(b) CLERICAL AMENDMENT. —The table of sections at the beginning of chapter 63 of title 18, United States Code, is amended
by adding at the end the following new item:
"1348. Securities fraud. ".
white-couar
TITLE IX—WHITE-COLLAR CRIME
ESLJS
PENALTY ENHANCEMENTS
Act of 2002.
18 USC 1341
SEC. 901. SHORT TITLE.
This title may be cited as the "White-Collar Crime Penalty
Enhancement Act of 2002".
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