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Federal Deception Law: 18 U.S.C. § 1962. Prohibited activities

(a) It shall be unlawful for any person who has received any income derived, directly or indirectly, from a pattern of racketeering activity or through collection of an unlawful debt in which such person has participated as a principal within the meaning of section 2, title 18, United States Code, to use or invest, directly or indirectly, any part of such income, or the proceeds of such income, in acquisition of any interest in, or the establishment or operation of, any enterprise which is engaged in, or the activities of which affect, interstate or fo

Federal Deception Law: 18 U.S.C. § 1963. Criminal penalties

(a) Whoever violates any provision of section 1962 of this chapter shall be fined under this title or imprisoned not more than 20 years (or for life if the violation is based on a racketeering activity for which the maximum penalty includes life imprisonment), or both, and shall forfeit to the United States, irrespective of any provision of State law—

(1) any interest the person has acquired or maintained in violation of section 1962;

(2) any—

Federal Deception Law: 18 U.S.C. § 1964. Civil remedies

(a) The district courts of the United States shall have jurisdiction to prevent and restrain violations of section 1962 of this chapter by issuing appropriate orders, including, but not limited to: ordering any person to divest himself of any interest, direct or indirect, in any enterprise; imposing reasonable restrictions on the future activities or investments of any person, including, but not limited to, prohibiting any person from engaging in the same type of endeavor as the enterprise engaged in, the activities of which affect interstate or foreig

Federal Deception Law: 18 U.S.C. § 1966. Expedition of actions

In any civil action instituted under this chapter by the United States in any district court of the United States, the Attorney General may file with the clerk of such court a certificate stating that in his opinion the case is of general public importance. A copy of that certificate shall be furnished immediately by such clerk to the chief judge or in his absence to the presiding district judge of the district in which such action is pending. Upon receipt of such copy, such judge shall designate immediately a judge of that district to hear and determine action.

Federal Deception Law: 18 U.S.C. § 1967. Evidence

In any proceeding ancillary to or in any civil action instituted by the United States under this chapter the proceedings may be open or closed to the public at the discretion of the court after consideration of the rights of affected persons.

[Added by Pub. L. No. 91-452, tit. IX, § 901(a), 84 Stat. 944 (Oct. 15, 1970)]

Federal Deception Law: 18 U.S.C. § 1968. Civil investigative demand

(a) Whenever the Attorney General has reason to believe that any person or enterprise may be in possession, custody, or control of any documentary materials relevant to a racketeering investigation, he may, prior to the institution of a civil or criminal proceeding thereon, issue in writing, and cause to be served upon such person, a civil investigative demand requiring such person to produce such material for examination.

(b) Each such demand shall—

Federal Deception Law: 18 U.S.C. § 1341. Frauds and swindles

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized

Federal Deception Law: 18 U.S.C. § 1343. Fraud by wire, radio, or television

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both.

Federal Deception Law: 1.1.2 The Treatise’s Subject Matter

Federal Deception Law, with some exceptions, focuses on federal (and parallel state) requirements and remedies that apply broadly to many different forms of marketplace abuse. Examples are the federal and state RICO statutes that apply to any form of consumer transaction and the federal False Claims Act that also provides strong remedies as long as the government is also victimized by a practice. The Telephone Consumer Protection Act applies to robocalls in a number of different contexts.

Federal Deception Law: 1.2 Relation to NCLC’s Unfair and Deceptive Acts and Practices

Federal Deception Law is a companion treatise to NCLC’s Unfair and Deceptive Acts and Practices. Unfair and Deceptive Acts and Practices focuses on practices that are prohibited by state UDAP statutes2 and on private and state attorney general UDAP litigation to challenge those practices. Federal Deception Law concentrates on federal and state statutes and regulations that also broadly regulate the marketplace.

Federal Deception Law: 1.3 Topics Covered by Other NCLC Treatises

This treatise and Unfair and Deceptive Acts and Practices set out consumer remedies for broad forms of marketplace conduct, in particular the sales aspects of consumer transactions. Other NCLC titles focus on credit and collection of credit obligations. NCLC treatises dealing with credit origination include:

Federal Deception Law: 1.4.1 The Chapters

This chapter provides background information on this treatise and an overview of its organization. Chapter 2, infra, examines eight of the most important Federal Trade Commission (FTC) trade regulation rules defining unfair and deceptive practices in commerce.

Federal Deception Law: 1.4.2 The Appendices

The appendices are generally organized in the same order as the chapters to which they relate. FTC rulemaking legislation and nine FTC trade regulation rules (organized by their Code of Federal Regulations number) are found in Appendix A, infra.

Federal Deception Law: 1.4.3 Pleadings and Primary Sources

This treatise’s digital edition includes a number of companion materials—sample pleadings, discovery material, and primary sources—all of which can easily be downloaded and copy/pasted. These companion materials are fully searchable and search filters allow users to search only for pleadings or only for primary sources.

Federal Deception Law: 12 U.S.C. § 5481. Definitions

Except as otherwise provided in this title, for purposes of this title, the following definitions shall apply:

* * *

(5) Consumer financial product or service

The term “consumer financial product or service” means any financial product or service that is described in one or more categories under—

(A) paragraph (15) and is offered or provided for use by consumers primarily for personal, family, or household purposes; or

Federal Deception Law: 12 U.S.C. § 5512. Rulemaking authority

(a) In general

The Bureau is authorized to exercise its authorities under Federal consumer financial law to administer, enforce, and otherwise implement the provisions of Federal consumer financial law.

(b) Rulemaking, orders, and guidance

(1) General authority

Federal Deception Law: 12 U.S.C. § 5519. Exclusion for auto dealers

(a) Sale, servicing, and leasing of motor vehicles excluded

Except as permitted in subsection (b), the Bureau may not exercise any rulemaking, supervisory, enforcement or any other authority, including any authority to order assessments, over a motor vehicle dealer that is predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both.

(b) Certain functions excepted