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of tax than that required by law, shall upon conviction thereof be fined for each and every offense not less than $50 and not more than $500, or be imprisoned not less than 30 days nor more than 1 year. SEC. 7237. VIOLATION OF LAWS RELATING TO NARCOTIC DRUGS

AND TO MARIHUANA. (a) WHERE NO SPECIFIC PENALTY IS OTHERWISE PROVIDED.-Whoever commits an offense, or conspires to commit an offense, described in part I or part II of subchapter A of chapter 39 for which no specific penalty is otherwise provided, shall be imprisoned not less than 2 or more than 10 years and, in addition, may be fined not more than $20,000. For a second offense, the offender shall be imprisoned not less than 5 or more than 20 years and, in addition, may be fined not more than $20,000. For a third or subsequent offense, the offender shall be imprisoned not less than 10 or more than 40 years and, in addition, may be fined not more than $20,000.

(b) SALE OR OTHER TRANSFER WITHOUT WRITTEN ORDER.-Whoever commits an offense, or conspires to commit an offense, described in section 4705 (a) or section 4742 (a) shall be imprisoned not less than 5 or more than 20 years and, in addition, may be fined not more than $20,000. For a second or subsequent offense, the offender shall be imprisoned not less than 10 or more than 40 years and, in addition, may be fined not more than $20,000. If the offender attained the age of 18 before the offense and

(1) the offense consisted of the sale, barter, exchange, giving away, or transfer of any narcotic drug or marihuana to a person who had not attained the age of 18 at the time of such offense, or

(2) the offense consisted of a conspiracy to commit an offense described in paragraph (1), the offender shall be imprisoned not less than 10 or more than 40 years and, in addition, may be fined not more than $20,000. (c) CONVICTION OF SECOND OR SUBSEQUENT OFFENSE.-

(1) PRIOR OFFENSES COUNTED.-For purposes of subsections (a), (b), and (d) of this section, subsections (c) and (h) of section 2 of the Narcotic Drugs Import and Export Act, as amended (21 U.S.C., sec. 174), and the Act of July 11, 1941, as amended (21 U. S. C., sec. 184a), an offender shall be considered a second or subsequent offender, as the case may be, if he previously has been convicted of any offense the penalty for which was provided in subsection (a) or (b) of this section or in

(A) subsection (c), (h), or (i) of section 2 of the Narcotic Drugs Import and Export Act (21 U.S. C., sec. 174);

(B) the Act of July 11, 1941 (21 U. S. C., sec. 184a);
(C) section 9 of the Act of December 17, 1914 (38 Stat. 789);
(D) section 1 of the Act of May 26, 1922 (42 Stat. 596);

(E) section 12 of the Marihuana Tax Act of 1937 (50 Stat. 556); or

(F) section 2557 (b) (1) or 2596 of the Internal Revenue Code of 1939. For purposes of determining prior offenses under the preceding sentence, a reference to any subsection, section, or Act providing a penalty for an offense shall be considered as a reference to such subsection, section, or Act as in effect (as originally enacted or as

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amended, as the case may be) with respect to the offense for which the offender previously has been convicted.

(2) PROCEDURE.- After conviction (but before pronouncement of sentence) of any offense the penalty for which is provided in subsection (a) or (b) of this section, subsection (c) or (h) of section 2 of the Narcotic Drugs Import and Export Act, as amended, or such Act of July 11, 1941, as amended, the court shall be advised by the United States attorney whether the conviction is the offender's first or a subsequent offense. If it is not a first offense, the United States attorney shall file an information setting forth the prior convictions. The offender shall have the opportunity in open court to affirm or deny that he is identical with the person previously convicted. If he denies the identity, sentence shall be postponed for such time as to permit a trial before a jury on the sole issue of the offender's identity with the person previously convicted. If the offender is found by the jury to be the person previously convicted, or if he acknowledges that he is such person, he shall be sentenced as prescribed in subsection (a) or (b) of this section, subsection (c) or (h) of such section 2, or such Act of July 11, 1941, as amended, as the case may be.

(d) No SUSPENSION OF SENTENCE; No PROBATION; ETC.-Upon conviction

(1) of any offense the penalty for which is provided in subsection (b) of this section, subsection (c), (h), or (i) of section 2 of the Narcotic Drugs Import and Export Act, as amended, or such Act of July 11, 1941, as amended, or

(2) Of any offense the penalty for which is provided in subsection (a) of this section, if it is the offender's second or subsequent offense, the imposition or execution of sentence shall not be suspended, probation shall not be granted, section 4202 of title 18 of the United States Code shall not apply, and the Act of July 15, 1932 (47 Stat. 696; D. C. Code 24–201 and following), as amended, shall not apply.

(e) UNLAWFUL DISCLOSURE OF INFORMATION ON RETURNS AND ORDER FORMS.-Any person who shall disclose the information contained in the statements or returns required under section 4732 (b) or 4754 (a), in the duplicate order forms required under section 4705 (e), or in the order forms or copies thereof referred to in section 4742 (d), except

(1) as expressly provided in section 4773,

(2) for the purpose of enforcing any law of the United States relating to narcotic drugs or marihuana, or

(3) for the purpose of enforcing any law of any State or Territory or the District of Columbia, or any insular possession of the United States, or ordinance of any organized municipality therein, regulating the sale, prescribing, dispensing, dealing in, or distribution of

narcotic drugs or marihuana, shall be fined not more than $2,000 or imprisoned not more than 5 years or both. SEC. 7238. VILATION OF LAWS RELATING TO OPIUM FOR SMOKING.

A penalty of not less than $10,000 or imprisonment for not less than 5 years, or both, in the discretion of the court, shall be imposed for each and every violation of subpart B of part I of subchapter A of chapter 39 (relating to opium for smoking) by any person or persons.

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SEC. 7239. VIOLATIONS OF LAWS RELATING TO WHITE PHOSPHORUS

MATCHES. (a) SELLING UNSTAMPED MATCHES.-Any manufacturer of matches who manufactures, sells, removes, distributes, or offers to sell or distribute, white phosphorus matches without there being affixed thereto an adhesive stamp, denoting the tax required by subchapter B of chapter 39 effectually canceled as provided by section 4804 (a) (2), shall, for each offense, be guilty of a felony and, upon conviction thereof, shall be fined not more than $1,000, or imprisoned not more than 2 years, or both.

(b) USE OF INSUFFICIENT STAMPS.-Every person who affixes a stamp on any package of white phosphorus matches denoting a less amount of tax than that required by law shall, for each offense, be guilty of a felony and, upon conviction thereof, shall be fined not more than $1,000, or imprisoned not more than 2 years, or both SEC. 7240. OFFICIALS INVESTING OR SPECULATING IN SUGAR.

Any person, while acting in any official capacity in the administration of subchapter A of chapter 37, relating to manufactured sugar, who invests or speculates in sugar or liquid sugar, contracts relating thereto, or the stock or membership interests of any association or corporation engaged in the production or manufacture of sugar or liquid sugar, shall be dismissed from office or discharged from employment and shall be guilty of a felony and, upon conviction thereof, be fined not more than $10,000, or imprisoned not more than 2 years, or both.

Subchapter BĻOther Offenses

Sec. 7261. Representation that retailers' excise tax is excluded from

price of article.
Sec. 7262. Violation of occupational tax laws relating to wagering-

failure to pay special tax.
Sec. 7263. Penalties relating to cotton futures.
Sec. 7264. Offenses relating to renovated or adulterated butter.
Sec. 7265. Other offenses relating to oleomargarine or adulterated

butter operations.
Sec. 7266. Offenses relating to filled cheese.
Sec. 7267. Offenses relating to white phosphorus matches.
Sec. 7268. Possession with intent to sell in fraud of law or to evade

tax.
Sec. 7269. Failure to produce records.
Sec. 7270. Insurance policies.
Sec. 7271. Penalties for offenses relating to stamps.
Sec. 7272. Penalty for failure to register.
Sec. 7273. Penalties for offenses relating to special taxes.
Sec. 7274. Penalty for offenses relating to white phosphorus

matches. Sec. 7275. Failure to print correct price on tickets. SEC. 7261. REPRESENTATION THAT RETAILERS' EXCISE TAX IS EX.

CLUDED FROM PRICE OF ARTICLE. Whoever, in connection with the sale or lease, or offer for sale or lease, of any article taxable under chapter 31, makes any statement, written or oral, in advertisement or otherwise, intended or calculated to lead any person to believe that the price of the article does not include the tax imposed by chapter 31, shall on conviction thereof be fined not more than $1,000. SEC. 7262. VIOLATION OF OCCUPATIONAL TAX LAWS RELATING TO

WAGERING-FAILURE TO PAY SPECIAL TAX. Any person who does any act which makes him liable for special tax under subchapter B of chapter 35 without having paid such tay, shall, besides being liable to the payment of the tax, be fined not less than $1,000 and not more than $5.000. SEC. 7263. PENALTIES RELATING TO COTTON FUTURES.

(a) WITHHOLDING INFORMATION.-Any person engaged in the business of dealing in cotton who shall, within a reasonable time prescribed by the Secretary of Agriculture or any agent acting under his instructions, willfully fail or refuse to answer questions or to produce books, letters, papers, or documents, as required under section 4862 (b), or who shall willfully give any answer that is false or misleading, shall, upon conviction thereof, be fined not more than $500.

(b) Civil PENALTIES.-In addition to the criminal penalties provided by section 7233, there shall be imposed, on account of each violation of subchapter D of chapter 39, relating to cotton futures, a penalty of $2,000, to be recovered in a civil action founded on subchapter D of chapter 39 in the name of the United States as plaintiff, and when so recovered one-half of said amount shall be paid over to the person giving the information upon which such recovery was based. It shall be the duty of United States attorneys, to whom satisfactory evidence of violations of subchapter D of chapter 39 is furnished, to institute and prosecute actions for the recovery of the penalties prescribed by this subsection. SEC. 7264. OFFENSES RELATING TO RENOVATED OR ADULTERATED

BUTTER. Every person who carries on the business of a manufacturer of process or renovated butter or adulterated butter without having paid the special tax therefor, as required by law, shall, besides being liable to the payment of the tax, be fined not less than $1,000 nor more than $5,000. SEC. 7265. OTHER OFFENSES RELATING TO OLEOMARGARINE OR

ADULTERATED BUTTER OPERATIONS. (a) OMISSION OR REMOVAL OF LABEL.—

(1) Every manufacturer of oleomargarine who neglects to affix the label described in section 4594 (c) to any package containing oleomargarine made by him, or sold or offered for sale by or for him, and every person who removes any such label so affixed from any such package, shall be fined $50 for each package in respect to which such offense is committed.

(2) Every manufacturer of adulterated butter who neglects to affix the label required under section 4814 (a) (1) to any package containing adulterated butter made by him, or sold or offered for sale for or by him, and every person who removes any such label 80 affixed from any such package shall be fined $50 for each package in respect to which such offense is committed.

(b) PURCHASING WHEN Not PROPERLY BRANDED OR STAMPED.Every person who knowingly purchases or receives for sale any oleomargarine or adulterated butter which has not been branded or stamped according to law shall be liable to a penalty of $50 for each such offense.

(c) OTHER OFFENSES.—If any manufacturer of oleomargarine or adulterated butter, any dealer therein or any importer or exporter thereof shall knowingly or willfully omit, neglect, or refuse to do, or cause to be done, any of the things required by law in the carrying on or conducting of his business, or shall do anything prohibited by subchapter F of chapter 38 or subchapter C of chapter 39, if there be no specific penalty or punishment imposed by any other provision of this chapter or chapter 68 for the neglecting, omitting, or refusing to do, or for the doing or causing to be done, the things required or prohibited, he shall pay a penalty of $1,000. SEC. 7266. OFFENSES RELATING TO FILLED CHEESE.

(a) FAILURE TO PAY SPECIAL Tax.-Every person, firm, or corporation

(1) MANUFACTURERS.-Who carries on the business of a manufacturer of filled cheese without having paid the special tax therefor, as required by law, shall, besides being liable to the payment of the tax, be fined not less than $400 nor more than $3,000; and

(2) WHOLESALE DEALERS.—Who carries on the business of a wholesale dealer in filled cheese without having paid the special tax therefor, as required by law, shall, besides being liable to the payment of the tax, be fined not less than $250 nor more than $1,000; and

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