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CITE

    31 USC Sec. 5322                                            01/05/2009

EXPCITE

    TITLE 31 - MONEY AND FINANCE
    SUBTITLE IV - MONEY
    CHAPTER 53 - MONETARY TRANSACTIONS
    SUBCHAPTER II - RECORDS AND REPORTS ON MONETARY INSTRUMENTS
                     TRANSACTIONS

HEAD

    Sec. 5322. Criminal penalties

STATUTE

      (a) A person willfully violating this subchapter or a regulation
    prescribed or order issued under this subchapter (except section
    5315 or 5324 of this title or a regulation prescribed under section
    5315 or 5324), or willfully violating a regulation prescribed under
    section 21 of the Federal Deposit Insurance Act or section 123 of
    Public Law 91-508, shall be fined not more than $250,000, or
    imprisoned for not more than five years, or both.
      (b) A person willfully violating this subchapter or a regulation
    prescribed or order issued under this subchapter (except section
    5315 or 5324 of this title or a regulation prescribed under section
    5315 or 5324), or willfully violating a regulation prescribed under
    section 21 of the Federal Deposit Insurance Act or section 123 of
    Public Law 91-508, while violating another law of the United States
    or as part of a pattern of any illegal activity involving more than
    $100,000 in a 12-month period, shall be fined not more than
    $500,000, imprisoned for not more than 10 years, or both.
      (c) For a violation of section 5318(a)(2) of this title or a
    regulation prescribed under section 5318(a)(2), a separate
    violation occurs for each day the violation continues and at each
    office, branch, or place of business at which a violation occurs or
    continues.
      (d) A financial institution or agency that violates any provision
    of subsection (i) or (j) of section 5318, or any special measures
    imposed under section 5318A, or any regulation prescribed under
    subsection (i) or (j) of section 5318 or section 5318A, shall be
    fined in an amount equal to not less than 2 times the amount of the
    transaction, but not more than $1,000,000.

SOURCE

    (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1000; Pub. L. 98-473,
    title II, Sec. 901(b), Oct. 12, 1984, 98 Stat. 2135; Pub. L. 99-
    570, title I, Secs. 1356(c)(1), 1357(g), Oct. 27, 1986, 100 Stat.
    3207-24, 3207-26; Pub. L. 102-550, title XV, Sec. 1504(d)(2), Oct.
    28, 1992, 106 Stat. 4055; Pub. L. 103-325, title IV, Sec.
    411(c)(1), Sept. 23, 1994, 108 Stat. 2253; Pub. L. 107-56, title
    III, Secs. 353(b), 363(b), Oct. 26, 2001, 115 Stat. 323, 332.)

HISTORICAL AND REVISION NOTES --------------------------------------------------------------------

     Revised      Source (U.S. Code)        Source (Statutes at Large)
     Section
    --------------------------------------------------------------------
    5322(a)      31:1058.                Oct. 26, 1970, Pub. L. 91-508,
                                          Secs. 205(b)(last sentence
                                          related to criminal
                                          penalties), 209, 210, 84 Stat.
                                          1120, 1121.
    5322(b)      31:1059.
    5322(c)      31:1054(b)(last
                  sentence related to
                  criminal penalties).
    --------------------------------------------------------------------
      In subsections (a) and (b), the words "(except section 5315 of
    this title or a regulation prescribed under section 5315)" are
    added because 31:1141-1143 was not enacted as part of the Currency
    and Foreign Transactions Reporting Act that is restated in the
    subchapter.
      In subsection (a), the word "prescribed" is added for
    consistency.
      In subsection (b), the words "or a regulation prescribed under
    this subchapter" are added because of the restatement. The words
    "committed" and "the commission of" are omitted as surplus. The
    words "United States" are substituted for "Federal" for consistency
    in the revised title and with other titles of the United States
    Code.
      In subsection (c), the words "the purposes of both civil and
    criminal penalties for" are omitted because of the restatement. The
    word "separate" before "office" is omitted as surplus.

REFERENCES IN TEXT

      Section 21 of the Federal Deposit Insurance Act, referred to in
    subsecs. (a) and (b), is classified to section 1829b of Title 12,
    Banks and Banking.
      Section 123 of Public Law 91-508, referred to in subsecs. (a) and
    (b), is classified to section 1953 of Title 12, Banks and Banking.

AMENDMENTS

      2001 - Subsec. (a). Pub. L. 107-56, Sec. 353(b)(1), inserted "or
    order issued" after "willfully violating this subchapter or a
    regulation prescribed" and ", or willfully violating a regulation
    prescribed under section 21 of the Federal Deposit Insurance Act or
    section 123 of Public Law 91-508," after "under section 5315 or
    5324)".
      Subsec. (b). Pub. L. 107-56, Sec. 353(b)(2), inserted "or order
    issued" after "willfully violating this subchapter or a regulation
    prescribed" and "or willfully violating a regulation prescribed
    under section 21 of the Federal Deposit Insurance Act or section
    123 of Public Law 91-508," after "under section 5315 or 5324),".
      Subsec. (d). Pub. L. 107-56, Sec. 363(b), added subsec. (d).
      1994 - Subsecs. (a), (b). Pub. L. 103-325 inserted "or 5324"
    after "section 5315" wherever appearing.
      1992 - Subsec. (a). Pub. L. 102-550 substituted "imprisoned for"
    for "imprisonment".
      1986 - Subsec. (b). Pub. L. 99-570, Sec. 1357(g), substituted
    "any illegal activity involving" for "illegal activity involving
    transactions of" and "10 years" for "5 years".
      Subsec. (c). Pub. L. 99-570, Sec. 1356(c)(1), substituted
    "5318(a)(2)" for "5318(2)" in two places.
      1984 - Subsec. (a). Pub. L. 98-473, which directed the
    substitution of "$250,000, or imprisonment not more than five
    years, or both" for "$1,000, or imprisonment not more than one
    year, or both", was executed by substituting the quoted wording for
    "$1,000, imprisoned for not more than one year, or both" to reflect
    the probable intent of Congress.
                     EFFECTIVE DATE OF 1986 AMENDMENT
      Amendment by section 1357(g) of Pub. L. 99-570 applicable with
    respect to violations committed after Oct. 27, 1986, see section
    1364(c) of Pub. L. 99-570, set out as a note under section 5321 of
    this title.
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