§1510. Obstruction of criminal investigations

(a) Whoever willfully endeavors by means of bribery to obstruct, delay, or prevent the communication of information relating to a violation of any criminal statute of the United States by any person to a criminal investigator shall be fined under this title, or imprisoned not more than five years, or both.

(b)(1) Whoever, being an officer of a financial institution, with the intent to obstruct a judicial proceeding, directly or indirectly notifies any other person about the existence or contents of a subpoena for records of that financial institution, or information that has been furnished to the grand jury in response to that subpoena, shall be fined under this title or imprisoned not more than 5 years, or both.

(2) Whoever, being an officer of a financial institution, directly or indirectly notifies-

(A) a customer of that financial institution whose records are sought by a grand jury subpoena; or

(B) any other person named in that subpoena;

about the existence or contents of that subpoena or information that has been furnished to the grand jury in response to that subpoena, shall be fined under this title or imprisoned not more than one year, or both.

(3) As used in this subsection-

(A) the term "an officer of a financial institution" means an officer, director, partner, employee, agent, or attorney of or for a financial institution; and

(B) the term "subpoena for records" means a Federal grand jury subpoena or a Department of Justice subpoena (issued under section 3486 of title 18), for customer records that has been served relating to a violation of, or a conspiracy to violate-

(i) section 215, 656, 657, 1005, 1006, 1007, 1014, 1344, 1956, 1957, or chapter 53 of title 31; or

(ii) section 1341 or 1343 affecting a financial institution.

(c) As used in this section, the term "criminal investigator" means any individual duly authorized by a department, agency, or armed force of the United States to conduct or engage in investigations of or prosecutions for violations of the criminal laws of the United States.

(d)(1) Whoever-

(A) acting as, or being, an officer, director, agent or employee of a person engaged in the business of insurance whose activities affect interstate commerce, or

(B) is engaged in the business of insurance whose activities affect interstate commerce or is involved (other than as an insured or beneficiary under a policy of insurance) in a transaction relating to the conduct of affairs of such a business,

with intent to obstruct a judicial proceeding, directly or indirectly notifies any other person about the existence or contents of a subpoena for records of that person engaged in such business or information that has been furnished to a Federal grand jury in response to that subpoena, shall be fined as provided by this title or imprisoned not more than 5 years, or both.

(2) As used in paragraph (1), the term "subpoena for records" means a Federal grand jury subpoena for records that has been served relating to a violation of, or a conspiracy to violate, section 1033 of this title.

(Added Pub. L. 90–123, §1(a), Nov. 3, 1967, 81 Stat. 362 ; amended Pub. L. 97–291, §4(e), Oct. 12, 1982, 96 Stat. 1253 ; Pub. L. 101–73, title IX, §962(c), Aug. 9, 1989, 103 Stat. 502 ; Pub. L. 102–550, title XV, §1528, Oct. 28, 1992, 106 Stat. 4065 ; Pub. L. 103–322, title XXXII, §320604(c), title XXXIII, §330016(1)(K), Sept. 13, 1994, 108 Stat. 2119 , 2147; Pub. L. 104–191, title II, §248(c), Aug. 21, 1996, 110 Stat. 2020 .)

Amendments

1996-Subsec. (b)(3)(B). Pub. L. 104–191 which directed the insertion of "or a Department of Justice subpoena (issued under section 3486 of title 18)," after "subpoena", was executed by making the insertion after "subpoena" the second place it appeared to reflect the probable intent of Congress.

1994-Subsec. (a). Pub. L. 103–322, §330016(1)(K), substituted "fined under this title" for "fined not more than $5,000".

Subsec. (d). Pub. L. 103–322, §320604(c), added subsec. (d).

1992-Subsec. (b)(3)(B)(i). Pub. L. 102–550 substituted "1344, 1956, 1957, or chapter 53 of title 31" for "or 1344".

1989-Subsecs. (b), (c). Pub. L. 101–73 added subsec. (b) and redesignated former subsec. (b) as (c).

1982-Subsec. (a). Pub. L. 97–291 struck out ", misrepresentation, intimidation, or force or threats thereof" after "bribery", and struck out provision applying the penalties provided by this subsection to whoever injured any person in his person or property on account of the giving by such person or any other person of any information relating to a violation of any criminal statute of the United States to any criminal investigator.

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–291 effective Oct. 12, 1982, see section 9(a) of Pub. L. 97–291, set out as an Effective Date note under section 1512 of this title.

Cross References

Wire or oral communications, authorization for interception, to provide evidence of offenses under this section, see section 2516 of this title.

Section Referred to in Other Sections

This section is referred to in sections 1961, 2516, 3142 of this title; title 29 section 1111.