Threatening to Tamper with a Consumer Product
Subsection (d) of 18 U.S.C. § 1365 prohibits credible threats to
tamper. It does not require a demand for money or other consideration. If
is demanded, there may also be a violation of the Hobbs Act, 18 U.S.C.
1951, or the extortion statutes, 18 U.S.C. §§ 875-877. If a
has special knowledge that permits him/her to tamper with a consumer
such might constitute a "special skill" warranting an increase in the base
offense level under the Sentencing Guidelines. United States v.
916 F.2d 186 (4th Cir. 1990). While, pursuant to 18 U.S.C. § 3287,
a threat to tamper can be prosecuted in the district where made or received,
venue for a money laundering offense relating to the purchase of a check
proceeds of the extortion can only be prosecuted in the district where the
monetary instrument was obtained. United States v. Knight, 822 F.
1021 (S.D.N.Y. 1993).|
[cited in USAM 9-63.1100]