Telemarketing Fraud Prevention Act of 1998

Telemarketing Fraud Prevention Act of 1997 - Amends the Federal criminal code to require the court, in sentencing a defendant for specified offenses of fraud involving telemarketing, or conspiracies to commit such offenses, to order that the defendant forfeit to the United States any real or personal property: (1) used or intended to be used in the commission of such offense; and (2) constituting, derived from, or traceable to the gross proceeds of the offense. (Sec. 3) Requires (current law permits) persons convicted of fraud in connection with telemarketing to be imprisoned for specified terms in addition to any term imposed for the fraud. (Sec. 4) Makes telemarketing fraud enhanced penalty provisions applicable to conspiracies to commit such offenses. (Sec. 5) Revises mandatory restitution provisions under the code to: (1) direct the court to order restitution to all victims of any offense of fraud for which an enhanced penalty is provided in connection with telemarketing; and (2) define "victim" to have the meaning given that term in code provisions regarding orders of restitution. (Sec. 6) Directs the United States Sentencing Commission to: (1) promulgate Federal sentencing guidelines or amend existing guidelines and policy statements, if appropriate (in accordance with specified requirements), to provide for substantially increased penalties for persons convicted of offenses of fraud for which an enhanced penalty is provided in connection with telemarketing; and (2) submit to the Congress an explanation of each action taken and any additional policy recommendations for combating such offenses. (Sec. 7) Prohibits use of the name "United States Marshals Service" or specified derivations thereof in a manner reasonably calculated to convey endorsement, approval, or authorization by the Service except with the written permission of the Director of the Service. (Sec. 8) Directs a provider of an electronic communication or remote computing service to disclose records or information pertaining to a subscriber to or customer of such service to a governmental entity when such entity submits a formal written request, relevant to a law enforcement investigation concerning telemarketing fraud.

Telemarketing Fraud Prevention Act of 1997 - Amends the Federal criminal code to require the court, in sentencing a defendant for specified offenses of fraud involving telemarketing, or conspiracies to commit such offenses, to order that the defendant forfeit to the United States any real or personal property: (1) used or intended to be used in the commission of such offense; and (2) constituting, derived from, or traceable to the gross proceeds of the offense. (Sec. 3) Requires (current law permits) persons convicted of fraud in connection with telemarketing to be imprisoned for specified terms in addition to any term imposed for the fraud. (Sec. 4) Makes telemarketing fraud enhanced penalty provisions applicable to conspiracies to commit such offenses. (Sec. 5) Revises mandatory restitution provisions under the code to: (1) direct the court to order restitution to all victims of any offense of fraud for which an enhanced penalty is provided in connection with telemarketing; and (2) define "victim" to have the meaning given that term in code provisions regarding orders of restitution. (Sec. 6) Directs the United States Sentencing Commission to: (1) promulgate Federal sentencing guidelines or amend existing guidelines and policy statements, if appropriate (in accordance with specified requirements), to provide for substantially increased penalties for persons convicted of offenses of fraud for which an enhanced penalty is provided in connection with telemarketing; and (2) submit to the Congress an explanation of each action taken and any additional policy recommendations for combating such offenses.

Telemarketing Fraud Prevention Act of 1997 - Amends the Federal criminal code to require the court, in sentencing a defendant for telemarketing fraud, to order that the defendant forfeit to the United States any real or personal property: (1) used or intended to be used to commit or to promote the commission of such offense taking into consideration the nature, scope, and proportionality of the use of the property in the offense; and (2) constituting, derived from, or traceable to the gross receipts that the defendant obtained directly or indirectly as a result of the offense. Directs the United States Sentencing Commission to: (1) review and amend the sentencing guidelines to provide a sentencing enhancement for any listed telemarketing offense by at least four or eight levels, respectively, if specified circumstances authorizing an additional term of imprisonment are present; (2) amend the guidelines to increase the offense level for any fraud offense by at least two levels if the defendant conducted activities to further the fraud from a foreign country; and (3) ensure that the sentences, guidelines, and policy statements for offenders convicted of offenses described in this paragraph are appropriately severe and reasonably consistent with other relevant directives and with other guidelines. Requires the court to order restitution for any telemarketing offense for which an enhanced penalty is provided under telemarketing provisions. Makes telemarketing fraud enhanced penalty provisions applicable to conspiracies to commit such offenses.

Telemarketing Fraud Prevention Act of 1997 - Amends the Federal criminal code to require the court, in sentencing a defendant for telemarketing fraud, to order that the defendant forfeit to the United States any real or personal property: (1) used or intended to be used to commit or to promote the commission of such offense taking into consideration the nature, scope, and proportionality of the use of the property in the offense; and (2) constituting, derived from, or traceable to the gross receipts that the defendant obtained directly or indirectly as a result of the offense. Directs the United States Sentencing Commission to: (1) review and amend the sentencing guidelines to provide a sentencing enhancement for any listed telemarketing offense by at least four or eight levels, respectively, if specified circumstances authorizing an additional term of imprisonment are present; (2) amend the guidelines to increase the offense level for any fraud offense by at least two levels if the defendant conducted activities to further the fraud from a foreign country; and (3) ensure that the sentences, guidelines, and policy statements for offenders convicted of offenses described in this paragraph are appropriately severe and reasonably consistent with other relevant directives and with other guidelines. Requires the court to order restitution for any telemarketing offense for which an enhanced penalty is provided under telemarketing provisions. Makes telemarketing fraud enhanced penalty provisions applicable to conspiracies to commit such offenses.

Telemarketing Fraud Prevention Act of 1997 - Amends the Federal criminal code to require the court, in sentencing a defendant for telemarketing fraud, to order that the defendant forfeit to the United States any real or personal property: (1) used or intended to be used to commit or to promote the commission of such offense taking into consideration the nature, scope, and proportionality of the use of the property in the offense; and (2) constituting, derived from, or traceable to the gross receipts that the defendant obtained directly or indirectly as a result of the offense. Directs the United States Sentencing Commission to: (1) review and amend the sentencing guidelines to provide a sentencing enhancement for any listed telemarketing offense by at least four or eight levels, respectively, if specified circumstances authorizing an additional term of imprisonment are present; and (2) amend the guidelines to increase the offense level for any fraud offense by at least two levels if the defendant conducted activities to further the fraud from a foreign country. Requires the court to order restitution for any telemarketing offense for which an enhanced penalty is provided under telemarketing provisions. Makes telemarketing fraud enhanced penalty provisions applicable to conspiracies to commit such offenses.