ANTI-STRIKE BREAKER LAW (BYRNES ACT)

18 U.S.C. $ 1231, 48 Stat. 1899

Summary and Description The Anti-Strikebreaker Law makes it a felony to transport in interstate commerce any person employed for the purpose of interfering by force or threats with:

a. Peaceful picketing by employees during any labor dispute affecting wages, hours, or working conditions; or

b. Exercise of employee rights of self-organization or collective bargaining. The act applies to persons who willfully transport others or cause others to be transported, and to persons knowingly transported for these purposes. It does not apply to common carriers.

The U.S. Department of Justice is charged with prosecuting violators, who are subject to a maximum fine of $5,000, imprisonment up to 2 years, or both.

Text of Act

(Section Numbers refer to United States Code) $1231. Transportation of strikebreakers.

Whoever willfully transports in interstate or foreign commerce any person who is employed or is to be employed for the purpose of obstructing or interfering by force or threats with (1) peaceful picketing by employees during any labor controversy affecting wages, hours, or conditions of labor, or (2) the exercise by employees of any of the rights of self-organization or collective bargaining; or

Whoever is knowingly transported or travels in interstate or foreign commerce for any of the purposes enumerated in this section

Shall be fined not more than $5,000 or imprisoned not more than two years, or both.

This section shall not apply to common carriers. (June 25, 1948, ch. 645, 62 Stat. 760; May 24, 1949, ch. 139, § 30, 63 Stat. 94.)

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ANTI-RACKETEERING ACT (HOBBS ACT)

18 U.S.C. 8$ 1951-55 as amended

Summary and Description The Anti-Racketeering Law makes it a felony to obstruct, delay, or affect commerce, or the movement of any article or commodity in commerce, by robbery or extortion.

The act also makes it a felony to act in concert with others to do anything in violation of the above, or to participate in any attempt at such violation, or to commit or threaten physical violence to any person or property in furtherance of any plan to commit such violation.

The provisions of the Anti-Injunction Act, Railway Labor Act, and National Labor Relations Act are specifically preserved.

The U.S. Department of Justice is charged with prosecuting violators, who are subject to a maximum fine of $10,000, imprisonment for a maximum of 20 years, or both.

Text of Act

(Section numbers refer to U.S. Code) § 1951. Interference with commerce by threats or violence.

(a) Whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section shall be fined not more than $10,000 or imprisoned not more than twenty years, or both. (b) As used in this section

(1) The term “robbery” means the unlawful taking or obtaining of personal property from the person or in the presence of another, against his will, by means of actual or threatened force, or violence, or fear of injury, immediate or future, to his person or property, or property in his custody or possession, or the person or property of a relative or member of his family or of anyone in his company at the time of the taking or obtaining.

(2) The term “extortion" means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.

(3) The term "commerce” means commerce within the District of Columbia, or any Territory or Possession of the United States; all commerce between any point in a State, Territory, Possession, or the District of Columbia and any point outside thereof; all

commerce between points within the same State through any place outside such State; and all other commerce over which the United

States has jurisdiction. (c) This section shall not be construed to repeal, modify or affect section 17 of Title 15, sections 52, 101-115, 151–166 of Title 29 or sections 151-188 of Title 45. (June 25, 1948, ch. 645, 62 Stat. 793.) $ 1952. Interstate and foreign travel or transportation in aid of

racketeering enterprises. (a) Whoever travels in interstate or foreign commerce or uses any facilitiy in interstate or foreign commerce, including the mail, with intent to

(1) distribute the proceeds of any unlawful activity; or

(2) commit any crime of violence to further any unlawful activity; or

(3) otherwise promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on, of

any unlawful activity, and thereafter performs or attempts to perform any of the acts specified in subparagraphs (1), (2), and (3), shall be fined not more than $10,000 or imprisoned for not more than five years, or both.

(b) As used in this section "unlawful activity” means (1) any business enterprise involving gambling, liquor on which the Federal excise tax has not been paid, narcotics, or controlled substances (as defined in section 102(6) of the Controlled Substances Act) or prostitution offenses in violation of the laws of the State in which they are committed or of the United States, or (2) extortion, bribery, or arson in violation of the laws of the State in which committed or of the United States.

(c) Investigations of violations under this section involving liquor shall be conducted under the supervision of the Secretary of the Treasury. (Added Pub. L. 87–228, $ 1(a), Sept. 13, 1961, 75 Stat. 498, and amended Pub. L. 89–68, July 7, 1965, 79 Stat. 212; Pub. L. 91–513, title II, $ 701 (i) (2), Oct. 27, 1970, 84 Stat. 1282.) § 1953. Interstate transportation of wagering paraphernalia.

(a) Whoever, except a common carrier in the usual course of its business, knowingly carries or sends in interstate or foreign commerce any record, paraphernalia, ticket, certificate, bills, slip, token, paper, writing, or other device used, or to be used, or adapted, devised, or designed for use in (a) bookmaking; or (b) wagering pools with respect to a sporting event; or (c) in a numbers, policy, bolita, or similar game shall be fined not more than $10,000 or imprisoned for not more than five years or both.

(b) This section shall not apply to (1) parimutuel betting equipment, parimutuel tickets where legally acquired, or parimutuel materials used or designed for use at racetracks or other sporting events in connection with which betting is legal under applicable State law, or (2) the transportation of betting materials to be used in the placing of bets or wagers on a sporting event into a State in which such betting is legal under the statutes of that State, or (3) the carriage or transportation in interstate or foreign commerce of any newspaper or similar publication.

(c) Nothing contained in this section shall create immunity from criminal prosecution under any laws of any State, Commonwealth of Puerto Rico, territory, possession, or the District of Columbia. (Added Pub. L. 87–218, § 1, Sept. 13, 1961, 75 Stat. 492.) § 1954. Offer, acceptance, or solicitation to influence operations of

employee benefit plan. Whoever being

(1) an administrator, officer, trustee, custodian, counsel, agent, or employee of any employee welfare benefit plan or employee pension benefit plan; or

(2) an officer, counsel, agent, or employee of an employer or an employer any of whose employees are covered by such plan; or

(3) an officer, counsel, agent, or employee of an employee organization any of whose members are covered by such plan; or

(4) a person who, or an officer, counsel, agent, or employee of an organization which, provides benefit plan services to such plan receives or agrees to receive or solicits any fee, kickback, commission, gift, loan, money, or thing of value because of or with intent to be influenced with respect to any of the actions, decisions, or other duties relating to any question or matter concerning such plan or any person who directly or indirectly gives or offers, or promises to give or offer, any fee, kickback, commission, gift, loan, money, or thing of value prohibited by this section, shall be fined not more than $10,000 or imprisoned not more than three years, or both: Provided, That this section shall not prohibit the payment to or acceptance by any person of bona fide salary, compensation, or other payments made for goods or facilities actually furnished or for services actually performed in the regular course of his duties as such person, administrator, officer, trustee, custodian, counsel, agent, or employee of such plan, employer, employee organization, or organization providing benefit plan services to such plan.

As used in this section, the term (a) “any employee welfare benefit plan" or "employee pension benefit plan" means any such plan subject to the provisions of the Welfare and Pension Plans Disclosure Act, as amended, and (b) "employee organization" and "administrator” as defined respectively in sections 3(3) and 5 (b) (1) and (2) of the Welfare and Pension Plans Disclosure Act, as amended. (Added Pub. L. 87-420, $ 17(e), Mar. 20, 1962, 76 Stat. 42, and amended Pub. L. 91-452, title II, § 225, Oct. 15, 1970, 84 Stat. 930.) $ 1955. Prohibition of illegal gambling business.

(a) Whoever conducts, finances, manages, supervises, directs, or owns all or part of an illegal gambling business shall be fined not more than $20,000 or imprisoned not more than five years, or both.

. (b) As used in this section

(1) “illegal gambling business” means a gambling business which

(i) is a violation of the law of a State or political subdivision in which it is conducted;

(ii) involves five or more persons who conduct, finance, manage, supervise, direct, or own all or part of such business; and

(iii) has been or remains in substantially continuous operation for a period in excess of thirty days or has a gross revenue of $20,000 in any single day.