Sunday, May 24, 2009

IGRA Criminal Penalties

18 USC Sec. 1167
TITLE 18 - CRIMES AND CRIMINAL PROCEDUREPART I - CRIMESCHAPTER 53 - INDIANS

Sec. 1167. Theft from gaming establishments on Indian lands
(a) Whoever abstracts, purloins, willfully misapplies, or takes and carries away with intent to steal, any money, funds, or other property of a value of $1,000 or less belonging to an establishment operated by or for or licensed by an Indian tribe pursuant to an ordinance or resolution approved by the National Indian Gaming Commission shall be fined under this title or be imprisoned for not more than one year, or both.
(b) Whoever abstracts, purloins, willfully misapplies, or takes and carries away with intent to steal, any money, funds, or other property of a value in excess of $1,000 belonging to a gaming establishment operated by or for or licensed by an Indian tribe pursuant to an ordinance or resolution approved by the National Indian Gaming Commission shall be fined under this title, or imprisoned for not more than ten years, or both.
(Added Pub. L. 100-497, Sec. 23, Oct. 17, 1988, 102 Stat. 2487; amended Pub. L. 103-322, title XXXIII, Sec. 330016(1)(S), (U), Sept. 13, 1994, 108 Stat. 2148.)
AMENDMENTS
1994 - Subsec. (a). Pub. L. 103-322, Sec. 330016(1)(S), substituted ''fined under this title'' for ''fined not more than $100,000''.
Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(U), substituted ''fined under this title'' for ''fined not more than $250,000''

18 USC Sec. 1168
TITLE 18 - CRIMES AND CRIMINAL PROCEDUREPART I - CRIMESCHAPTER 53 - INDIANS

Sec. 1168. Theft by officers or employees of gaming establishments on Indian lands
(a) Whoever, being an officer, employee, or individual licensee of a gaming establishment operated by or for or licensed by an Indian tribe pursuant to an ordinance or resolution approved by the National Indian Gaming Commission, embezzles, abstracts, purloins, willfully misapplies, or takes and carries away with intent to steal, any moneys, funds, assets, or other property of such establishment of a value of $1,000 or less shall be fined not more than $250,000 or imprisoned not more than five years, or both;
(b) Whoever, being an officer, employee, or individual licensee of a gaming establishment operated by or for or licensed by an Indian tribe pursuant to an ordinance or resolution approved by the National Indian Gaming Commission, embezzles, abstracts, purloins, willfully misapplies, or takes and carries away with intent to steal, any moneys, funds, assets, or other property of such establishment of a value in excess of $1,000 shall be fined not more than $1,000,000 or imprisoned for not more than twenty years, or both.
(Added Pub. L. 100-497, Sec. 23, Oct. 17, 1988, 102 Stat. 2487; amended Pub. L. 101-647, title XXXV, Sec. 3537, Nov. 29, 1990, 104 Stat. 4925.)
AMENDMENTS
1990 - Subsec. (a). Pub. L. 101-647 substituted ''or imprisoned'' for ''and be imprisoned for''

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