6 1 2 3 4 པ་ 5 6 7 8 9 10 11 12 13 14 15 of the trusteeship is necessary for a purpose allowable under paragraph (2)(B) of this subsection. The trusteeship shall thereafter be continued as necessary for periods not to exceed six months. "(D) For the purposes of this paragraph "(i) the term 'labor organization' means any labor organization meeting the definition of labor organization under section 320(i) of the LaborManagement Reporting and Disclosure Act of 1959 (29 U.S.C. 402(i)); and "(ii) the term 'trusteeship' means any trusteeship meeting the definition of trusteeship under section 320(h) of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 402(h)).". 16 SEC. 4. CIVIL RECOVERY. 17 Subsection (c) of section 1964 of title 18, United States 18 Code, is amended to read as follows: 19 "(c)(1)(A) A governmental entity (excluding a unit of 20 local government other than a unit of general local govern21 ment), whose business or property is injured by conduct in 22 violation of section 1962 of this title may bring, in any appro23 priate United States district court, a civil action therefore 24 and, upon proof by a preponderance of the evidence, shall 25 recover threefold the actual damages to the business or prop 7 1 erty of the governmental entity sustained by reason of such 2 violation, and shall recover the cost of the civil action, includ 3 ing a reasonable attorney's fee. 4 "(B) A civil action under subparagraph (A) of this para 5 graph must be brought by 19 20 21 2225 23 24 "(i) the Attorney General, or other legal officer authorized to sue, if the injury is to the business or property of the United States or a Government corporation; "(ii) the chief legal officer of a State, or other legal officer authorized to sue, if the injury is to the business or property of the State or a Government corporation; "(iii) the chief legal officer, or other legal officer authorized to sue, of a unit of general local government of a State, if the injury is to the business or property of the unit of general local government or a Govern ment corporation; or "(iv) the court-appointed trustee or similar appointee of the court, if the injury is to the business or property of an enterprise for which a trustee or similar appointee of the court has been appointed by a United States district court under section 1964(a) of this title. "(2) A person whose business or property is injured by 25 conduct in violation of section 1962 of this title may bring, in HR 4920 IH 8 1 any appropriate United States district court, a civil action 2 therefore and, upon proof by a preponderance of the evi 3 dence, shall recover "(A) the actual damages to the person's business or property sustained by reason of such violation, and the costs of the civil action, including a reasonable attorney's fee; and "(B) punitive damages of up to twice the actual damages, if— "(i)(I) the person whose business or property is injured is a unit of local government other than a unit of general local government; and "(II) the plaintiff proves by clear and convincing evidence that the defendant acted in conscious and wanton disregard of the consequences of the defendant's actions to the plaintiff; "(ii)(I) the person whose business or property is injured is: "(a) a small investor, "(b) a defense contractor (including a subcontractor or prospective contractor or subcontractor) meeting (or that would meet) the definition of defense contractor under section 702(f) of the Defense Production Act of 1950 (50 U.S.C. 2152(f)), 9 "(c) an organization meeting the definition of exempt organizations under section 501 (c) or (d) of the Internal Revenue Code of 1986 (26 U.S.C. 501 (c) or (d)), "(d) an organization meeting the definition of an indenture trustee under the Trust Indenture Act of 1939 (15 U.S.C. 77jjj), "(e) an organization meeting the definition of a welfare plan, pension plan, or plan under the Employee Retirement Income Se curity Act of 1974 (29 U.S.C. 1002A (1), 2(A), or (3)), "(f) an organization meeting the definition of an investment company under the In vestment Company Act of 1940 (15 U.S.C. 80a-3(a)), or "(g) an organization meeting the criteria for a small business concern under section 3 of the Small Business Act (15 U.S.C. 632(a)); and "(II) the plaintiff proves by clear and convincing evidence that the defendant acted in con scious and wanton disregard of the consequences of the defendant's actions to the plaintiff; or HR 4920 IH——2 1 2 3 4 5 6 7 8 9 10 11 12 13 10 "(iii)(I) the person whose business or proper ty is injured is a natural person and the injury occurred in connection with a purchase or lease, for personal or noncommercial use or investment, of a product, service, investment, or other property, or a contract for personal or noncommercial use or investment or deposit in a bank, thrift, credit union or other savings institution; and "(II) the plaintiff proves by clear and convincing evidence that the defendant acted in con scious and wanton disregard of the consequences of the defendant's actions to the plaintiff. "(3) In a civil action involving a claim for punitive dam 14 ages under paragraph (2)(B) of this subsection, the trier of 15 fact, in determining the amount of punitive damages, shall 16 consider 17 18 19 20 21 22 23 24 "(A) the degree of culpability of the defendant; "(B) the degree of disparity in the bargaining po sitions of the plaintiff and the defendant; "(C) any history of similar conduct by the defendant; "(D) the benefits derived from the unlawful con duct by the defendant; "(E) the number of persons victimized; |