U.S. Code Criminal Law Update – 2016 Amendments.

U.S. Code Criminal Law Update – 2016 Amendments.

From controlled substances to trade secrets, U.S.C. amendments in 2016 will affect your federal criminal-law practice. Here are some key statutory changes —

Controlled substances. 21 U.S.C. §959 was amended to broaden the scope of persons subject to criminal prosecution for manufacturing or distributing a controlled substance in schedule I or II, a precursor chemical, or flunitrazepam for unlawful import into the United States.

Counterfeit drugs. 18 U.S.C. §2318 was amended to change terminology from “counterfeit drug” to “drug that uses a counterfeit mark on or in connection with the drug.”

Exploited children. 26 U.S.C. §6103 was amended to permit federal law-enforcement officials to seek an ex parte order in federal court for the disclosure of tax returns or return information for criminal investigations pertaining to missing or exploited children.

Forfeiture. 18 U.S.C. §§981, 983, and 1956 were amended to provide for forfeiture of proceeds traceable to trade with North Korea in certain circumstances.

Maritime drug laws. 46 U.S.C. §70503 was amended to criminalize the jettisoning or concealment of property or money subject to the controlled-substances prohibitions in 21 U.S.C.

Megan’s law. 18 U.S.C. §2250 was amended to require a registered sex offender to report information on intended international travel for inclusion in the sex-offender registry.

Money laundering. 18 U.S.C. §1956 was amended to add wildlife trafficking as a predicate offense to money laundering.

Terrorism. 18 U.S.C. §2333 was amended to impose civil liability on a person who conspires to commit or aids and abets (by knowingly providing substantial assistance) an act of international terrorism committed, planned, or authorized by a designated terrorist organization.

Trade secrets. 18 U.S.C. ch. 90 (§§ 1831-1839) was amended to create the federal civil analogue of the Uniform Trade Secrets Act. Criminal penalties for trade-secret theft still apply.

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