18 U.S.C. § 670 — Theft of medical products
submitted 14 years ago by Pub. L. 112-186 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 554 words · no verdicts yet
This section criminalizes specified theft, fraud, falsification, trafficking, and related conduct involving pre-retail medical products in interstate or foreign commerce. It sets higher penalties for aggravated offenses and civil penalties, and defines the covered terms.
(a) Prohibited conduct. Anyone using interstate or foreign commerce who: (1) embezzles, steals, fraudulently or deceptively obtains, or knowingly and unlawfully takes, carries away, or hides a pre-retail medical product; (2) knowingly and falsely makes, changes, forges, or counterfeits its labeling or documentation, including origin or shipping documents; (3) knowingly possesses, transports, or traffics in a product involved in paragraph (1) or (2); (4) intending to defraud, buys or otherwise obtains an expired or stolen product; (5) intending to defraud, sells or distributes an expired or stolen product; or (6) attempts or conspires to violate (1)–(5), is punished under subsection (c) and is subject to this section’s other sanctions. (b) Aggravated offenses. An offense is aggravated if (1) the defendant works for or represents an organization* in the product’s supply chain, or (2) the violation uses violence, force, or a threat; uses a deadly weapon; causes serious bodily injury or death, including from use of the product; or follows a prior conviction under this section. (c) Criminal penalties. For a violation of (a): (1) if aggravated under (b)(2)(C), the person may be fined under this title, imprisoned up to 30 years, or both; (2) if the products are worth at least $5,000, the person may be fined, imprisoned up to 15 years, or both, with a 20-year maximum if aggravated except under (b)(2)(C); and (3) otherwise, the person may be fined, imprisoned up to 3 years, or both, with a 5-year maximum if aggravated except under (b)(2)(C). (d) Civil penalties. The violator may owe up to the greater of three times the economic loss caused by the violation or $1,000,000. (e) Definitions. “Pre-retail medical product” means a medical product not yet available for a consumer’s retail purchase. “Medical product” means a drug, biological product, device, medical food, or infant formula. “Device,” “drug,” “infant formula,” and “labeling” have the meanings given in section 201 of the Federal Food, Drug, and Cosmetic Act. “Biological product” has the meaning in section 351 of the Public Health Service Act. “Medical food” has the meaning in section 5(b) of the Orphan Drug Act. “Supply chain” includes a manufacturer, wholesaler, repacker, own-labeled or private-label distributor, jobber, broker, drug trader, transportation company, hospital, pharmacy, or security company.
Whoever, in, or using any means or facility of, interstate or foreign commerce—
embezzles, steals, or by fraud or deception obtains, or knowingly and unlawfully takes, carries away, or conceals a pre-retail medical product;
knowingly and falsely makes, alters, forges, or counterfeits the labeling or documentation (including documentation relating to origination or shipping) of a pre-retail medical product;
knowingly possesses, transports, or traffics in a pre-retail medical product that was involved in a violation of paragraph (1) or (2);
with intent to defraud, buys, or otherwise obtains, a pre-retail medical product that has expired or been stolen;
with intent to defraud, sells, or distributes, a pre-retail medical product that is expired or stolen; or
attempts or conspires to violate any of paragraphs (1) through (5);
shall be punished as provided in subsection (c) and subject to the other sanctions provided in this section.
An offense under this section is an aggravated offense if—
the defendant is employed by, or is an agent of, an organization* in the supply chain for the pre-retail medical product; or
the violation—
involves the use of violence, force, or a threat of violence or force;
involves the use of a deadly weapon;
results in serious bodily injury or death, including serious bodily injury or death resulting from the use of the medical product involved; or
is subsequent to a prior conviction for an offense under this section.
Whoever violates subsection (a)—
if the offense is an aggravated offense under subsection (b)(2)(C), shall be fined under this title or imprisoned not more than 30 years, or both;
if the value of the medical products involved in the offense is $5,000 or greater, shall be fined under this title, imprisoned for not more than 15 years, or both, but if the offense is an aggravated offense other than one under subsection (b)(2)(C), the maximum term of imprisonment is 20 years; and
in any other case, shall be fined under this title, imprisoned for not more than 3 years, or both, but if the offense is an aggravated offense other than one under subsection (b)(2)(C), the maximum term of imprisonment is 5 years.
Whoever violates subsection (a) is subject to a civil penalty in an amount not more than the greater of—
three times the economic loss attributable to the violation; or
$1,000,000.
In this section—
the term “pre-retail medical product” means a medical product that has not yet been made available for retail purchase by a consumer;
the term “medical product” means a drug, biological product, device, medical food, or infant formula;
the terms “device”, “drug”, “infant formula”, and “labeling” have, respectively, the meanings given those terms in section 201 of the Federal Food, Drug, and Cosmetic Act;
the term “biological product” has the meaning given the term in section 351 of the Public Health Service Act;
the term “medical food” has the meaning given the term in section 5(b) of the Orphan Drug Act; and
the term “supply chain” includes manufacturer, wholesaler, repacker, own-labeled distributor, private-label distributor, jobber, broker, drug trader, transportation company, hospital, pharmacy, or security company.
Source credit: (Added Pub. L. 112–186, § 2(a), Oct. 5, 2012, 126 Stat. 1427.)
- 2012Enacted · Pub. L. 112-186 · 126 Stat. 1427
A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-186 on 2012-10-05.
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