XXXX Voted to Toughen Penalties for Mail and Wire Fraud. In July 2002, XXXX voted for an amendment that would raise the maximum penalties for mail and wire fraud from five years to 10 years, raise the penalty for federal pension law violations from one year to 10 years, and provide the same penalties for conspiracy as for the underlying crime. It also would direct the U.S. Sentencing Commission to review and amend sentencing guidelines and policy statements to provide for increased penalties to reflect the increases in the maximum penalties provided under the bill. Corporate officials of regulated companies would be required to certify that financial reports accurately reflect the financial condition of the company. It would create criminal penalties of up to five years for recklessly and knowingly failing to certify and up to 10 years for willfully failing to certify. [S 2673, Vote 170, 7/10/02] XXXX Voted to Toughen Penalties for Individuals who Defraud Shareholders. In July 2002, XXXX voted for an amendment that would create a 10-year securities fraud felony for anyone who knowingly defrauds shareholders, and direct the U.S. Sentencing Commission to raise penalties in obstruction of justice cases where evidence is destroyed. It also would create a 10-year felony for the destruction of evidence when records are under subpoena, require the preservation of key financial audits for five years, and create a five-year felony for intentionally destroying such documents. It would provide whistleblower protections for employees of publicly traded companies and lengthen the statute of limitations on securities fraud cases. [S 2673, Vote 169, 7/10/02] XXXX Voted to Allow Financial Institutions to Impose an ATM Surcharge. In 1998, XXXX voted to kill the D’Amato amendment to S.1301, which was an amendment to prohibit financial institutions from imposing a surcharge -- a charge in addition to the interchange fee -- for the use of ATMs. [Vote 275, 9/17/98] XXXX Voted to Allow Credit Card Companies from Terminating Customers Who Avoid Finance Charges. In 1998, XXXX voted to kill the Reed amendment to S.1301, which was an amendment to prohibit credit card companies from terminating or refusing to renew credit to consumers who avoid finance charges by paying off their balances. The amendment also would prohibit creditors from charging such consumers a fee in lieu of finance charges. [Vote 273, 9/17/98] 24
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