Retaliating against a witness, victim, or informant (18 U.S.C. Sec. 1513(b)) is a federal offense. It occurs when an individual attempts to retaliate against a witness, victim, or informant for providing information in a federal investigation or prosecution. The most common forms of retaliation include threats of physical violence, intimidation, or other forms of harassment. Retaliation also includes attempts to interfere with the testimony or evidence of a witness, victim, or informant in a federal investigation or prosecution. The penalties for Retaliating Against a Witness, Victim, or Informant (18 U.S.C. Sec. 1513(b)) vary depending on the severity of the offense. It is punishable by up to 10 years in prison and/or a fine of up to $250,000. Additionally, a person who is convicted of Retaliating Against a Witness, Victim, or Informant (18 U.S.C. Sec. 1513(b)) may also be subject to supervised release, restitution, and/or community service.
Retaliating Against a Witness, Victim, or Informant (18 U.S.C. Sec. 1513(b))
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FAQ
Per federal case law and regulatory agency guidance, there are three essential elements in a claim of retaliation: Protected activity. Adverse action. Causal connection.
18 U.S. Code § 1513 - Retaliating against a witness, victim, or an informant U.S. Code US Law LII / Legal Information Institute.
Retaliation Inquiring about their pay, hours of work or other rights. Asserting their worker rights. Filing a complaint about their worker rights. Cooperating with a WHD investigation.
Some examples of retaliation would be a termination or failure to hire, a demotion, a decrease in pay, a decrease in the number of hours that you've worked. The cause will be obvious things such as a reprimand, a warning or lowering of your evaluation scores.
Retaliation, in general, means any act of harm committed in response to an actual or perceived harm.
The Supreme Court has defined retaliation as an intentional act in response to a protected action. Jackson v. Birmingham Bd. of Educ., 544 U.S. 167, 173-74 (2005).