Page:United States Statutes at Large Volume 116 Part 1.djvu/830

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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".