CITE
18 USC Sec. 1510 01/05/2009
EXPCITE
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 73 - OBSTRUCTION OF JUSTICE
HEAD
Sec. 1510. Obstruction of criminal investigations
STATUTE
(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.
(e) Whoever, having been notified of the applicable disclosure
prohibitions or confidentiality requirements of section 2709(c)(1)
of this title, section 626(d)(1) or 627(c)(1) of the Fair Credit
Reporting Act (15 U.S.C. 1681u(d)(1) or 1681v(c)(1)), section
1114(a)(3)(A) or 1114(a)(5)(D)(i) of the Right to Financial Privacy
Act (!1) (12 U.S.C. 3414(a)(3)(A) or 3414(a)(5)(D)(i)), or section
802(b)(1) of the National Security Act of 1947 (50 U.S.C.
436(b)(1)), knowingly and with the intent to obstruct an
investigation or judicial proceeding violates such prohibitions or
requirements applicable by law to such person shall be imprisoned
for not more than five years, fined under this title, or both.
SOURCE
(Added Pub. L. 90-123, Sec. 1(a), Nov. 3, 1967, 81 Stat. 362;
amended Pub. L. 97-291, Sec. 4(e), Oct. 12, 1982, 96 Stat. 1253;
Pub. L. 101-73, title IX, Sec. 962(c), Aug. 9, 1989, 103 Stat. 502;
Pub. L. 102-550, title XV, Sec. 1528, Oct. 28, 1992, 106 Stat.
4065; Pub. L. 103-322, title XXXII, Sec. 320604(c), title XXXIII,
Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2119, 2147; Pub. L.
104-191, title II, Sec. 248(c), Aug. 21, 1996, 110 Stat. 2020; Pub.
L. 109-177, title I, Sec. 117, Mar. 9, 2006, 120 Stat. 217.)
AMENDMENTS
2006 - Subsec. (e). Pub. L. 109-177 added subsec. (e).
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, Sec. 330016(1)(K),
substituted "fined under this title" for "fined not more than
$5,000".
Subsec. (d). Pub. L. 103-322, Sec. 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.
FOOTNOTE
(!1) So in original. Probably should be followed by "of 1978".