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1 1 (April 10, 2020)

handle is hein.crs/goveawm0001 and id is 1 raw text is: SCongressional **k Research Service An Overview of Federal Criminal Laws Implicated by the COVID-19 Pandemic April 10, 2020 As numerous recent incidents indicate, the ongoing coronavirus (COVID-19) pandemic's impact extends to the world of crime. News stories abound of attempts to profit from the pandemic by stockpiling masks, hand sanitizer, and other staples to sell at a significant markup. Reports have also circulated about scams involving the sale of fake COVID-19 test kits and cures, counterfeit surgical masks, substandard hand sanitizer, and unauthorized medicines. Other fraudulent activities have not involved sales at all. Some have reportedly tried to use the pandemic to solicit donations to illegitimate charities. In addition, the Federal Bureau of Investigation (FBI) has reported a spike in cyber-threats, including COVID-19-related phishing emails-messages designed to trick recipients into divulging personal information so the sender may access, for example, the recipient's email or bank accounts. Still other COVID-19-related illicit conduct is of a more violent nature, as evidenced by recent reports of individuals publicly attacking Asians and Asian Americans, erroneously accusing them of causing or spreading COVID-19. The Department of Justice (DOJ) warns of the possibility of another offense: the intentional infection of or threat to infect others with COVID-19. These incidents and warnings suggest the possibility for COVID- 19-related crimes, even as there is some indication that crime rates have fallen in some cities during the pandemic. Although state criminal laws likely govern much COVID-19-related conduct, given the concern expressed by some Members over the pandemic's effect on justice and law enforcement issues, this Sidebar examines the primary federal criminal statutes that may be relevant to criminal activity related to the ongoing pandemic. It discusses, in order: (1) the mail fraud and wire fraud statutes, (2) the Computer Fraud and Abuse Act (CFAA), (3) the Defense Production Act (DPA), (4) terrorism statutes and threat statutes, and (5) the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act (HCPA). Mail Fraud and Wire Fraud Deceptive schemes to profit off of COVID-19, such as selling counterfeit medical supplies and sending phishing emails, could violate federal statutes prohibiting mail and wire fraud. The mail fraud statute, 18 U.S.C. § 1341, prohibits (1) knowing or willing participation in a scheme to defraud, (2) and use of the United States Postal Service or commercial interstate carriers (the mail) to further that scheme. Courts have interpreted scheme to defraud to include the common understanding of depriving someone of money or property by dishonest methods such as trickery and deceit. To violate @ 1341, it need only be reasonably foreseeable that the mail would be used in furtherance of the scheme to defraud, which Congressional Research Service https://crsreports. congress.gov LSB10446 CRS Legal Sidebar Prepared for Members and Committees of Congress

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