All Agencies, Latest Month All Agencies, Previous FY Geographic Distribution
of Convictions for
All Agencies, FY 2014
8 Prosecutions
in October 2014
87 Prosecutions
in Fiscal Year 2014
8 Convictions
in October 2014
132 Convictions
in Fiscal Year 2014

CITE

    31 USC Sec. 5324                                            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. 5324. Structuring transactions to evade reporting requirement
      prohibited

STATUTE

      (a) Domestic Coin and Currency Transactions Involving Financial
    Institutions. - No person shall, for the purpose of evading the
    reporting requirements of section 5313(a) or 5325 or any regulation
    prescribed under any such section, the reporting or recordkeeping
    requirements imposed by any order issued under section 5326, or the
    recordkeeping requirements imposed by any regulation prescribed
    under section 21 of the Federal Deposit Insurance Act or section
    123 of Public Law 91-508 -
        (1) cause or attempt to cause a domestic financial institution
      to fail to file a report required under section 5313(a) or 5325
      or any regulation prescribed under any such section, to file a
      report or to maintain a record required by an order issued under
      section 5326, or to maintain a record required pursuant to any
      regulation prescribed under section 21 of the Federal Deposit
      Insurance Act or section 123 of Public Law 91-508;
        (2) cause or attempt to cause a domestic financial institution
      to file a report required under section 5313(a) or 5325 or any
      regulation prescribed under any such section, to file a report or
      to maintain a record required by any order issued under section
      5326, or to maintain a record required pursuant to any regulation
      prescribed under section 5326, or to maintain a record required
      pursuant to any regulation prescribed under section 21 of the
      Federal Deposit Insurance Act or section 123 of Public Law 91-
      508, that contains a material omission or misstatement of fact;
      or
        (3) structure or assist in structuring, or attempt to structure
      or assist in structuring, any transaction with one or more
      domestic financial institutions.
      (b) Domestic Coin and Currency Transactions Involving
    Nonfinancial Trades or Businesses. - No person shall, for the
    purpose of evading the report requirements of section 5331 or any
    regulation prescribed under such section -
        (1) cause or attempt to cause a nonfinancial trade or business
      to fail to file a report required under section 5331 or any
      regulation prescribed under such section;
        (2) cause or attempt to cause a nonfinancial trade or business
      to file a report required under section 5331 or any regulation
      prescribed under such section that contains a material omission
      or misstatement of fact; or
        (3) structure or assist in structuring, or attempt to structure
      or assist in structuring, any transaction with 1 or more
      nonfinancial trades or businesses.
      (c) International Monetary Instrument Transactions. - No person
    shall, for the purpose of evading the reporting requirements of
    section 5316 -
        (1) fail to file a report required by section 5316, or cause or
      attempt to cause a person to fail to file such a report;
        (2) file or cause or attempt to cause a person to file a report
      required under section 5316 that contains a material omission or
      misstatement of fact; or
        (3) structure or assist in structuring, or attempt to structure
      or assist in structuring, any importation or exportation of
      monetary instruments.
      (d) Criminal Penalty. -
        (1) In general. - Whoever violates this section shall be fined
      in accordance with title 18, United States Code, imprisoned for
      not more than 5 years, or both.
        (2) Enhanced penalty for aggravated cases. - Whoever violates
      this section 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 twice the amount
      provided in subsection (b)(3) or (c)(3) (as the case may be) of
      section 3571 of title 18, United States Code, imprisoned for not
      more than 10 years, or both.

SOURCE

    (Added Pub. L. 99-570, title I, Sec. 1354(a), Oct. 27, 1986, 100
    Stat. 3207-22; amended Pub. L. 102-550, title XV, Secs. 1517(a),
    1525(a), 1535(a)(1), Oct. 28, 1992, 106 Stat. 4059, 4064, 4066;
    Pub. L. 103-322, title XXXIII, Sec. 330017(a)(2), Sept. 13, 1994,
    108 Stat. 2149; Pub. L. 103-325, title IV, Secs. 411(a), 413(a)(2),
    Sept. 23, 1994, 108 Stat. 2253, 2254; Pub. L. 107-56, title III,
    Secs. 353(c), 365(b)(1), (2)(A), Oct. 26, 2001, 115 Stat. 323, 334,
    335; Pub. L. 108-458, title VI, Sec. 6203(g), Dec. 17, 2004, 118
    Stat. 3747.)

REFERENCES IN TEXT

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

AMENDMENTS

      2004 - Subsec. (b). Pub. L. 108-458 substituted "5331" for "5333"
    wherever appearing.
      2001 - Subsec. (a). Pub. L. 107-56, Secs. 353(c)(1), (2),
    365(b)(2)(A), inserted "Involving Financial Institutions" after
    "Transactions" in heading, and in introductory provisions, inserted
    comma after "No person shall" and substituted "section, the
    reporting or recordkeeping requirements imposed by any order issued
    under section 5326, or the recordkeeping requirements imposed by
    any regulation prescribed under section 21 of the Federal Deposit
    Insurance Act or section 123 of Public Law 91-508 - " for "section -
     ".
      Subsec. (a)(1). Pub. L. 107-56, Sec. 353(c)(3), inserted ", to
    file a report or to maintain a record required by an order issued
    under section 5326, or to maintain a record required pursuant to
    any regulation prescribed under section 21 of the Federal Deposit
    Insurance Act or section 123 of Public Law 91-508" before semicolon
    at end.
      Subsec. (a)(2). Pub. L. 107-56, Sec. 353(c)(4), inserted ", to
    file a report or to maintain a record required by any order issued
    under section 5326, or to maintain a record required pursuant to
    any regulation prescribed under section 5326, or to maintain a
    record required pursuant to any regulation prescribed under section
    21 of the Federal Deposit Insurance Act or section 123 of Public
    Law 91-508," after "regulation prescribed under any such section".
      Subsecs. (b) to (d). Pub. L. 107-56, Sec. 365(b)(1), added
    subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and
    (d), respectively.
      1994 - Subsec. (a). Pub. L. 103-322, Sec. 330017(a)(2) and Pub.
    L. 103-325, Sec. 413(a)(2), amended subsec. (a), introductory
    provisions, identically, substituting "section 5313(a) or 5325 or
    any regulation prescribed under any such section" for "section
    5313(a), section 5325, or the regulations issued thereunder or
    section 5325 or regulations prescribed under such section 5325" and
    striking out "with respect to such transaction" before dash.
      Subsec. (a)(1), (2). Pub. L. 103-322, Sec. 330017(a)(2)(A) and
    Pub. L. 103-325, Sec. 413(a)(2)(A), amended pars. (1) and (2)
    identically, substituting "section 5313(a) or 5325 or any
    regulation prescribed under any such section" for "section 5313(a),
    section 5325, or the regulations issued thereunder or section 5325
    or regulations prescribed under such section 5325".
      Subsec. (c). Pub. L. 103-325, Sec. 411(a), added subsec. (c).
      1992 - Pub. L. 102-550, Sec. 1525(a)(1), designated existing
    provisions as subsec. (a), inserted heading, and added subsec. (b).
      Pub. L. 102-550, Secs. 1517(a), 1535(a)(1), inserted the
    following duplicative provisions "or section 5325 or regulations
    prescribed under such section 5325" and ", section 5325, or the
    regulations issued thereunder" after "section 5313(a)" wherever
    appearing.
                     EFFECTIVE DATE OF 2004 AMENDMENT
      Amendment by Pub. L. 108-458 effective as if included in Pub. L.
    107-56, as of the date of enactment of such Act, and no amendment
    made by Pub. L. 107-56 that is inconsistent with such amendment to
    be deemed to have taken effect, see section 6205 of Pub. L. 108-
    458, set out as a note under section 1828 of Title 12, Banks and
    Banking.
                              EFFECTIVE DATE
      Section 1364(a) of Pub. L. 99-570 provided that: "The amendment
    made by section 1354 [enacting this section] shall apply with
    respect to transactions for the payment, receipt, or transfer of
    United States coins or currency or other monetary instruments
    completed after the end of the 3-month period beginning on the date
    of the enactment of this Act [Oct. 27, 1986]."
Customized queries of TRAC's data TRAC FBI Web Site TRAC DEA Web Site TRAC Immigration Web Site TRAC DHS Web Site TRAC IRS Web Site TRAC ATF Web Site TRAC Reports Web Site
Transactional Records Access Clearinghouse, Syracuse University
Copyright 2010
TRAC Web Site