SB 113-21: Stopping Immoral Fraud Act (Passed)

[Mr. Reactionary]

STOPPING IMMORAL FRAUD ACT

TITLE I: WAGE FRAUD

1. No federal contractor or employer operating in interregional commerce shall require any employee, except executive personnel, to sign any contract or agreement which provides for the forfeiture of the employee's wages for time worked as a condition of employment or the continuance therein, except as otherwise provided by law.

2. A federal contractor or employer operating in interregional commerce who willfully and with intent to defraud fails or refuses to pay earned wages in accordance with this act, unless the failure to pay was because of a bona fide dispute between the employer and its employee:

A. To an employee or employees is guilty of misdemeanor fraud if the value of the wages earned and not paid by the employer is less than $1,000; and

B. To an employee or employees is guilty of felony fraud if the value of the wages earned and not paid is $1,000 or more.

For purposes of this section, the determination as to the value of the wages earned shall be made by combining all wages the employer failed or refused to pay pursuant to this act.

3. The Attorney General may require a written complaint of the violation of this act and, with the written and signed consent of an employee, may institute proceedings on behalf of an employee to enforce compliance with this act, and to collect any moneys unlawfully withheld from such employee that shall be paid to the employee entitled thereto. In addition, following the issuance of a final order by the Attorney General or a court, the Attorney General may engage private counsel, approved by the Attorney General, to collect any moneys owed to the employee. Upon entry of a final order of the Attorney General, or upon entry of a judgment, against the employer, the court shall assess attorney fees.

4. In addition to being subject to any other penalty provided by the provisions of this act, any employer who fails to make payment of wages shall be liable for the payment of all wages due, and an additional equal amount as liquidated damages, plus interest accruing from the date the wages were due.

5. Any federal contractor or employer operating in interregional commerce who knowingly fails to make payment of wages in accordance with this act shall be subject to a civil penalty not to exceed $1,000 for each violation. The Attorney General shall notify any employer that the Attorney General alleges has violated any provision of this act by certified mail. Such notice shall contain a description of the alleged violation. Within 15 days of receipt of notice of the alleged violation, the employer may request an informal conference regarding such violation with the Department of Justice. In determining the amount of any penalty to be imposed, the Attorney General shall consider the size of the business of the employer charged and the gravity of the violation. Civil penalties owed under this section shall be paid to the Attorney General for deposit into the general fund of the Atlasia. The Attorney General shall prescribe procedures for the payment of proposed assessments of penalties that are not contested by employers. Such procedures shall include provisions for an employer to consent to abatement of the alleged violation and pay a proposed penalty or a negotiated sum in lieu of such penalty without admission of any civil liability arising from such alleged violation.

6. Final orders of the Attorney General or a proper court may be recorded, enforced, and satisfied the same as for a judgment

7. In addition to any civil or criminal penalty provided by this section, and without regard to any exhaustion of alternative administrative remedies provided for in this section, if a federal contractor or employer operating in interregional commerce fails to pay wages to an employee in accordance with this act, the employee may bring an action, individually, jointly, with other aggrieved employees, or on behalf of similarly situated employees as a collective action consistent with the collective action procedures of the Fair Labor Standards Act, 29 U.S.C. § 216(b), against the employer in a court of competent jurisdiction to recover payment of the wages, and the court shall award the wages owed, an additional equal amount as liquidated damages, plus prejudgment interest thereon, and reasonable attorney fees and costs. If the court finds that the employer knowingly failed to pay wages to an employee in accordance with this act, the court shall award the employee an amount equal to 1.2X the amount of wages due and reasonable attorney fees and costs.

8. As used in this title, a person acts knowingly if the person, with respect to information, has actual knowledge of the information, acts in deliberate ignorance of the truth or falsity of the information, or acts in reckless disregard of the truth or falsity of the information. Establishing that a person acted knowingly shall not require proof of specific intent to defraud.

9. An action under this act shall be commenced within two (2) years after the cause of action accrued. The period for filing is tolled upon the filing of an administrative action until the employee has been informed that the action has been resolved or until the employee has withdrawn the complaint, whichever is sooner.

TITLE II: FRAUDULENT CONFIDENCE ARTS

1. It shall be unlawful for any person to, upon any federal property or leasehold, over federal electromagnetic spectrum, through the postal service, upon or over the property, facilities, utilities, vehicles, networks, or conveyances of any federally owned or regulated common carrier or internet service provider, or participate or travel in interstate or foreign commerce to for a fee or compensation which he directly or indirectly solicits or receives claim, pretend, advertise, or hold himself or herself out as being able to use occult or psychic powers, faculties or forces, clairvoyance, psychology, psychometry, spirits, mediumship, seership, prophecy, astrology, palmistry, necromancy, or other craft, science, cards, talismans, charms, potions, magnetism, or magnetized articles or substances, oriental mysteries, or magic of any kind, or numerology to:

A. tell fortunes;

B. overcome evil influences and bad luck;

C. treat the sick or ailing;

D. find or restore lost or stolen property;

E. locate gold, silver, ore, petroleum or other natural product;

F. restore lost love or friendship or affection;

G. unite or procure lovers, husbands, wives, lost relatives or friends; or

H. commune with or resurrect the dead

2. A violation of this title shall be punishable by imprisonment for no more than one (1) year, a fine of $10,000.00, and disgorgement of any profits.

3. This title shall not apply to any person who engages in such conduct as part of a show or exhibition solely for the purpose of entertainment or amusement and who announces such prior to such show or exhibition.

4. This title shall not apply to bona fide, non-commercial religious practice.

TITLE III: MALEVOLENT CRIMINAL ATTEMPTS

1. It shall be a felony for any person to, upon any federal property or leasehold, over federal electromagnetic spectrum, through the postal service, upon or over the property, facilities, utilities, vehicles, networks, or conveyances of any federally owned or regulated common carrier or internet service provider, or participate or travel in interstate or foreign commerce to use, attempt to use, or conspire to use occult or psychic powers, faculties or forces, clairvoyance, psychology, psychometry, spirits, mediumship, seership,  astrology, palmistry, necromancy, or other craft, cards, talismans, idols, grimoires, spells, charms, potions, curses, oriental mysteries, or magic or witchcraft of any kind, or numerology to:

A. Resurrect the dead;

B. Animate a golem, humunculus, or other soulless automaton;

C. Summon or release a ghost, demon, djinn, or other malevolent spirit;

D. Alter the weather;

E. Possess another real and living person's body;

F.  Kill, harm, or create misfortune, woe, or bad luck for another real and living person;

G. Coerce another real and living person into consenting to or engaging in any sexual act;

H. Transmutate, create, manifest, or teleport and unlawful item or substance;

I. Violate the privacy of another; or

J. Commit any other crime.

2. A violation of this title shall be punishable as follows:

A. If the violation of this title is successful in accomplishing any of 1(A) - (C) above, such violation shall be punishable by imprisonment for no less than five (5) years and no more than life and a fine of no less than $25,000.00 and no more than $1 million. If the violation of this title is not successful in accomplishing any of 1(A) - (C) above, such violation shall be punished as a criminal attempt punishable by  imprisonment for no less than one (1) years and no more than ten (10) years and a fine of no less than $25,000.00 and no more than $100,000.00.

B.  If the violation of this title is successful in accomplishing 1(D) above, such violation shall be punishable by imprisonment for no more than ten (10) years and a fine of no more than $50,000.00. If the violation of this title is not successful in accomplishing 1(D) above, such violation shall be punished as a criminal attempt punishable by  imprisonment for no more than two (2) years and a fine of no more than $10,000.00.

C. If the violation of this title is successful in accomplishing 1(E) above, such violation shall be punished the same as for committing kidnapping. If the violation of this act is not successful in accomplishing 1(E) above, such violation shall be punished the same as for a criminal attempt to commit kidnapping.

D. If the violation of this title is successful in accomplishing any of 1(F) - (J) above, such violation shall be punished the same as for committing the crime accomplished by such violation. If the violation of this act is not successful in accomplishing any of 1(F) - (J) above, such violation shall be punished the same as for a criminal attempt to commit the crime intended by such violation.

E. Any person convicted of violating 2 above shall in addition to the punishments prescribed herein shall be required to register as a sex offender .

3. This title shall not apply to any person who engages in such conduct as part of a performance, show, or exhibition solely for the purpose of entertainment or amusement and who announces such prior to such performance, show, or exhibition.

4. This title shall not be construed as applying to prayer.

5. This title shall not be construed as applying to an exorcism carried out to free a person possessed by a ghost, demon, djinn, or other malevolent spirit.

TITLE IV: ENACTMENT

1. This act shall take effect sixty (60) days from the date of passage.

Sponsor: Reactionary on behalf of RFayette (Citizen referred)
Debate on this bill is now open.

[Mr. Reactionary]

I want to thank my friend in the South for proposing this.

Looking it over this is a federal version of a couple of Southern laws, mainly the Wage Theft Is A Sin Act and the Fraudulent Deceit Is A Sin Act.

The wage theft provisions are based off a Dem law in real life Virginia and here it authorizes lawsuits with legal fees and penalties plus investigation power to fight interstate wage theft where an employer refuses to pay workers.

There are also several provisions targeting interstate con artists and related criminal acts that defraud or harm unsuspecting victims.

Well done my friend.

[Enduro]

At first glance, I like this

[PragmaticPopulist]

My initial thoughts on this bill is that it seems sound. The federal government should not be in the business of scamming the public.

[Mr. Reactionary]

Here is a summary of the wage theft part from a fancy law firm when it first passed in 2020:

https://www.mcguirewoods.com/client-resources/Alerts/2020/4/virginia-enacts-new-wage-theft-law


The main text of the con artist language actually comes from New York State law (40 NYPC 165.35)

And to keep the peace, none of the Bible verses that were in the Regional version have been included in the federal version. But for the record, the Bible specifically lists employers cheating workers out of wages and deceitful liars scamming money as immoral.

[Southern Senator North Carolina Yankee]

Does III.1.b  risk banning robots with "animate a soulless automaton"?

Maybe its my Fallout 4 playing kicking in, but when I read automaton, I think of robots.

[Sirius_]

If we accept that magic isn't real, does it really matter if people pretend to place curses or whatever?

[Sirius_]

If we accept that magic isn't real, does it really matter if people pretend to place curses or whatever?

In fact, I think that such an act could be considered protected speech, if it's being done to make a statement against a particular person or thing.

[Mr. Reactionary]

If we accept that magic isn't real, does it really matter if people pretend to place curses or whatever?

In fact, I think that such an act could be considered protected speech, if it's being done to make a statement against a particular person or thing.

I disagree as there is both the actus reus (guilty act) and a mens rea (guilty mind) required for a crime. If I intend to murder you, and behind your back I point a gun at you and pull the trigger, even if I miss I have engaged in a criminal attempt. Such is not constitutionally protected, its anti social, and its dangerous. Again, mens rea is required, so if I intend to harm you and I take affirmative steps to harm you, that is bad and should be proscribed. Just because you think its harmless doesnt mean the person attempting the crime thinks its harmless, and thats who this is directed at ... persons attempting to commit a crime. Just because they fail the attempt does not make them not guilty.

[At-Large Senator LouisvilleThunder]

Fraud is immoral.

[Mr. Reactionary]

I move for a final vote. 24 hours to object.

[Mr. Reactionary]

A final vote is now open on this bill until midnight eastern on Tuesday. Please vote Aye, Nay, or Abstain.

STOPPING IMMORAL FRAUD ACT

TITLE I: WAGE FRAUD

1. No federal contractor or employer operating in interregional commerce shall require any employee, except executive personnel, to sign any contract or agreement which provides for the forfeiture of the employee's wages for time worked as a condition of employment or the continuance therein, except as otherwise provided by law.

2. A federal contractor or employer operating in interregional commerce who willfully and with intent to defraud fails or refuses to pay earned wages in accordance with this act, unless the failure to pay was because of a bona fide dispute between the employer and its employee:

A. To an employee or employees is guilty of misdemeanor fraud if the value of the wages earned and not paid by the employer is less than $1,000; and

B. To an employee or employees is guilty of felony fraud if the value of the wages earned and not paid is $1,000 or more.

For purposes of this section, the determination as to the value of the wages earned shall be made by combining all wages the employer failed or refused to pay pursuant to this act.

3. The Attorney General may require a written complaint of the violation of this act and, with the written and signed consent of an employee, may institute proceedings on behalf of an employee to enforce compliance with this act, and to collect any moneys unlawfully withheld from such employee that shall be paid to the employee entitled thereto. In addition, following the issuance of a final order by the Attorney General or a court, the Attorney General may engage private counsel, approved by the Attorney General, to collect any moneys owed to the employee. Upon entry of a final order of the Attorney General, or upon entry of a judgment, against the employer, the court shall assess attorney fees.

4. In addition to being subject to any other penalty provided by the provisions of this act, any employer who fails to make payment of wages shall be liable for the payment of all wages due, and an additional equal amount as liquidated damages, plus interest accruing from the date the wages were due.

5. Any federal contractor or employer operating in interregional commerce who knowingly fails to make payment of wages in accordance with this act shall be subject to a civil penalty not to exceed $1,000 for each violation. The Attorney General shall notify any employer that the Attorney General alleges has violated any provision of this act by certified mail. Such notice shall contain a description of the alleged violation. Within 15 days of receipt of notice of the alleged violation, the employer may request an informal conference regarding such violation with the Department of Justice. In determining the amount of any penalty to be imposed, the Attorney General shall consider the size of the business of the employer charged and the gravity of the violation. Civil penalties owed under this section shall be paid to the Attorney General for deposit into the general fund of the Atlasia. The Attorney General shall prescribe procedures for the payment of proposed assessments of penalties that are not contested by employers. Such procedures shall include provisions for an employer to consent to abatement of the alleged violation and pay a proposed penalty or a negotiated sum in lieu of such penalty without admission of any civil liability arising from such alleged violation.

6. Final orders of the Attorney General or a proper court may be recorded, enforced, and satisfied the same as for a judgment

7. In addition to any civil or criminal penalty provided by this section, and without regard to any exhaustion of alternative administrative remedies provided for in this section, if a federal contractor or employer operating in interregional commerce fails to pay wages to an employee in accordance with this act, the employee may bring an action, individually, jointly, with other aggrieved employees, or on behalf of similarly situated employees as a collective action consistent with the collective action procedures of the Fair Labor Standards Act, 29 U.S.C. § 216(b), against the employer in a court of competent jurisdiction to recover payment of the wages, and the court shall award the wages owed, an additional equal amount as liquidated damages, plus prejudgment interest thereon, and reasonable attorney fees and costs. If the court finds that the employer knowingly failed to pay wages to an employee in accordance with this act, the court shall award the employee an amount equal to 1.2X the amount of wages due and reasonable attorney fees and costs.

8. As used in this title, a person acts knowingly if the person, with respect to information, has actual knowledge of the information, acts in deliberate ignorance of the truth or falsity of the information, or acts in reckless disregard of the truth or falsity of the information. Establishing that a person acted knowingly shall not require proof of specific intent to defraud.

9. An action under this act shall be commenced within two (2) years after the cause of action accrued. The period for filing is tolled upon the filing of an administrative action until the employee has been informed that the action has been resolved or until the employee has withdrawn the complaint, whichever is sooner.

TITLE II: FRAUDULENT CONFIDENCE ARTS

1. It shall be unlawful for any person to, upon any federal property or leasehold, over federal electromagnetic spectrum, through the postal service, upon or over the property, facilities, utilities, vehicles, networks, or conveyances of any federally owned or regulated common carrier or internet service provider, or participate or travel in interstate or foreign commerce to for a fee or compensation which he directly or indirectly solicits or receives claim, pretend, advertise, or hold himself or herself out as being able to use occult or psychic powers, faculties or forces, clairvoyance, psychology, psychometry, spirits, mediumship, seership, prophecy, astrology, palmistry, necromancy, or other craft, science, cards, talismans, charms, potions, magnetism, or magnetized articles or substances, oriental mysteries, or magic of any kind, or numerology to:

A. tell fortunes;

B. overcome evil influences and bad luck;

C. treat the sick or ailing;

D. find or restore lost or stolen property;

E. locate gold, silver, ore, petroleum or other natural product;

F. restore lost love or friendship or affection;

G. unite or procure lovers, husbands, wives, lost relatives or friends; or

H. commune with or resurrect the dead

2. A violation of this title shall be punishable by imprisonment for no more than one (1) year, a fine of $10,000.00, and disgorgement of any profits.

3. This title shall not apply to any person who engages in such conduct as part of a show or exhibition solely for the purpose of entertainment or amusement and who announces such prior to such show or exhibition.

4. This title shall not apply to bona fide, non-commercial religious practice.

TITLE III: MALEVOLENT CRIMINAL ATTEMPTS

1. It shall be a felony for any person to, upon any federal property or leasehold, over federal electromagnetic spectrum, through the postal service, upon or over the property, facilities, utilities, vehicles, networks, or conveyances of any federally owned or regulated common carrier or internet service provider, or participate or travel in interstate or foreign commerce to use, attempt to use, or conspire to use occult or psychic powers, faculties or forces, clairvoyance, psychology, psychometry, spirits, mediumship, seership,  astrology, palmistry, necromancy, or other craft, cards, talismans, idols, grimoires, spells, charms, potions, curses, oriental mysteries, or magic or witchcraft of any kind, or numerology to:

A. Resurrect the dead;

B. Animate a golem, humunculus, or other soulless automaton;

C. Summon or release a ghost, demon, djinn, or other malevolent spirit;

D. Alter the weather;

E. Possess another real and living person's body;

F.  Kill, harm, or create misfortune, woe, or bad luck for another real and living person;

G. Coerce another real and living person into consenting to or engaging in any sexual act;

H. Transmutate, create, manifest, or teleport and unlawful item or substance;

I. Violate the privacy of another; or

J. Commit any other crime.

2. A violation of this title shall be punishable as follows:

A. If the violation of this title is successful in accomplishing any of 1(A) - (C) above, such violation shall be punishable by imprisonment for no less than five (5) years and no more than life and a fine of no less than $25,000.00 and no more than $1 million. If the violation of this title is not successful in accomplishing any of 1(A) - (C) above, such violation shall be punished as a criminal attempt punishable by  imprisonment for no less than one (1) years and no more than ten (10) years and a fine of no less than $25,000.00 and no more than $100,000.00.

B.  If the violation of this title is successful in accomplishing 1(D) above, such violation shall be punishable by imprisonment for no more than ten (10) years and a fine of no more than $50,000.00. If the violation of this title is not successful in accomplishing 1(D) above, such violation shall be punished as a criminal attempt punishable by  imprisonment for no more than two (2) years and a fine of no more than $10,000.00.

C. If the violation of this title is successful in accomplishing 1(E) above, such violation shall be punished the same as for committing kidnapping. If the violation of this act is not successful in accomplishing 1(E) above, such violation shall be punished the same as for a criminal attempt to commit kidnapping.

D. If the violation of this title is successful in accomplishing any of 1(F) - (J) above, such violation shall be punished the same as for committing the crime accomplished by such violation. If the violation of this act is not successful in accomplishing any of 1(F) - (J) above, such violation shall be punished the same as for a criminal attempt to commit the crime intended by such violation.

E. Any person convicted of violating 2 above shall in addition to the punishments prescribed herein shall be required to register as a sex offender .

3. This title shall not apply to any person who engages in such conduct as part of a performance, show, or exhibition solely for the purpose of entertainment or amusement and who announces such prior to such performance, show, or exhibition.

4. This title shall not be construed as applying to prayer.

5. This title shall not be construed as applying to an exorcism carried out to free a person possessed by a ghost, demon, djinn, or other malevolent spirit.

TITLE IV: ENACTMENT

1. This act shall take effect sixty (60) days from the date of passage.

[Liminal Trans Girl]

Abstain

[Mr. Reactionary]

Aye

[Saint Milei]

Aye

[At-Large Senator LouisvilleThunder]

Aye

[GM Team Member and Senator WB]

Aye

[Utah Neolib]

Aye

[Enduro]

Aye

[PPT Spiral]

Aye

[West_Midlander]

Aye

[PragmaticPopulist]

Aye

[OSR stands with Israel]

Aye

[Southern Senator North Carolina Yankee]

Aye

[LAKISYLVANIA]

Nay

Sorry, i have checked the details, while I do generally agree with Part 1 and parts of Part 2 and 3, someone who just says he can resurrects the dead can be imprisoned for 1 year or be fined 10.000 euros.