PUBLIC LAW 107-204^-J^ULY 30, 2002 116 STAT. 805 SEC. 902. ATTEMPTS AND CONSPIRACIES TO COMMIT CRIMINAL FRAUD OFFENSES. (a) IN GENERAL. —Chapter 63 of title 18, United States Code, is amended by inserting after section 1348 as added by this Act the following: "§ 1349. Attempt and conspiracy "Any person who attempts or conspires to commit any offense under this chapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy. (b) CLERICAL AMENDMENT. — The table of sections at the beginning of chapter 63 of title 18, United States Code, is amended by adding atthe end the following new item: "1349. Attempt and conspiracy.". SEC. 903. CRIMINAL PENALTIES FOR MAIL AND WIRE FRAUD. (a) MAIL FRAUD. —Section 1341 of title 18, United States Code, is amended by striking "five" and inserting "20". (b) WIRE FRAUD.- —Section 1343 of title 18, United States Code, is amended by striking "five" and inserting "20". SEC. 904. CRIMINAL PENALTIES FOR VIOLATIONS OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. Section 501 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131) is amended— (1) by striking "$5,000" and inserting "$100,000"; (2) by striking "one year" and inserting "10 years"; and (3) by striking "$100,000" and inserting "$500,000". SEC. 905. AMENDMENT TO SENTENCING GUIDELINES RELATING TO 28 USC 994 note. CERTAIN WHITE-COLLAR OFFENSES. (a) DIRECTIVE TO THE UNITED STATES SENTENCING COMMIS- SION. —Pursuant to its authority under section 994(p) of title 18, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, as appropriate, amend the Federal Sentencing Guidelines and related policy statements to implement the provisions of this Act. (b) REQUIREMENTS. —In carrying out this section, the Sentencing Commission shall— (1) ensure that the sentencing guidelines and policy statements reflect the serious nature of the offenses and the penalties set forth in this Act, the growing incidence of serious fraud offenses which are identified above, and the need to modify the sentencing guidelines and policy statements to deter, prevent, and punish such offenses; (2) consider the extent to which the guidelines and policy statements adequately address whether the guideline offense levels and enhancements for violations of the sections amended by this Act are sufficient to deter and punish such offenses, and specifically, are adequate in view of the statutory increases in penalties contained in this Act; (3) assure reasonable consistency with other relevant directives and sentencing guidelines; (4) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges;
�
