TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 95 - RACKETEERING
HEAD
Sec. 1956. Laundering of monetary instruments
STATUTE
(a)(1) Whoever, knowing that the property involved in a financial
transaction represents the proceeds of some form of unlawful
activity, conducts or attempts to conduct such a financial
transaction which in fact involves the proceeds of specified
unlawful activity -
(A)(i) with the intent to promote the carrying on of specified
unlawful activity; or
(ii) with intent to engage in conduct constituting a violation
of section 7201 or 7206 of the Internal Revenue Code of 1986; or
(B) knowing that the transaction is designed in whole or in
part -
(i) to conceal or disguise the nature, the location, the
source, the ownership, or the control of the proceeds of
specified unlawful activity; or
(ii) to avoid a transaction reporting requirement under State
or Federal law,
shall be sentenced to a fine of not more than $500,000 or twice the
value of the property involved in the transaction, whichever is
greater, or imprisonment for not more than twenty years, or both.
For purposes of this paragraph, a financial transaction shall be
considered to be one involving the proceeds of specified unlawful
activity if it is part of a set of parallel or dependent
transactions, any one of which involves the proceeds of specified
unlawful activity, and all of which are part of a single plan or
arrangement.
(2) Whoever transports, transmits, or transfers, or attempts to
transport, transmit, or transfer a monetary instrument or funds
from a place in the United States to or through a place outside the
United States or to a place in the United States from or through a
place outside the United States -
(A) with the intent to promote the carrying on of specified
unlawful activity; or
(B) knowing that the monetary instrument or funds involved in
the transportation, transmission, or transfer represent the
proceeds of some form of unlawful activity and knowing that such
transportation, transmission, or transfer is designed in whole or
in part -
(i) to conceal or disguise the nature, the location, the
source, the ownership, or the control of the proceeds of
specified unlawful activity; or
(ii) to avoid a transaction reporting requirement under State
or Federal law,
shall be sentenced to a fine of not more than $500,000 or twice the
value of the monetary instrument or funds involved in the
transportation, transmission, or transfer, whichever is greater, or
imprisonment for not more than twenty years, or both. For the
purpose of the offense described in subparagraph (B), the
defendant's knowledge may be established by proof that a law
enforcement officer represented the matter specified in
subparagraph (B) as true, and the defendant's subsequent statements
or actions indicate that the defendant believed such
representations to be true.
(3) Whoever, with the intent -
(A) to promote the carrying on of specified unlawful activity;
(B) to conceal or disguise the nature, location, source,
ownership, or control of property believed to be the proceeds of
specified unlawful activity; or
(C) to avoid a transaction reporting requirement under State or
Federal law,
conducts or attempts to conduct a financial transaction involving
property represented to be the proceeds of specified unlawful
activity, or property used to conduct or facilitate specified
unlawful activity, shall be fined under this title or imprisoned
for not more than 20 years, or both. For purposes of this paragraph
and paragraph (2), the term "represented" means any representation
made by a law enforcement officer or by another person at the
direction of, or with the approval of, a Federal official
authorized to investigate or prosecute violations of this section.
(b) Penalties. -
(1) In general. - Whoever conducts or attempts to conduct a
transaction described in subsection (a)(1) or (a)(3), or section
1957, or a transportation, transmission, or transfer described in
subsection (a)(2), is liable to the United States for a civil
penalty of not more than the greater of -
(A) the value of the property, funds, or monetary instruments
involved in the transaction; or
(B) $10,000.
(2) Jurisdiction over foreign persons. - For purposes of
adjudicating an action filed or enforcing a penalty ordered under
this section, the district courts shall have jurisdiction over
any foreign person, including any financial institution
authorized under the laws of a foreign country, against whom the
action is brought, if service of process upon the foreign person
is made under the Federal Rules of Civil Procedure or the laws of
the country in which the foreign person is found, and -
(A) the foreign person commits an offense under subsection
(a) involving a financial transaction that occurs in whole or
in part in the United States;
(B) the foreign person converts, to his or her own use,
property in which the United States has an ownership interest
by virtue of the entry of an order of forfeiture by a court of
the United States; or
(C) the foreign person is a financial institution that
maintains a bank account at a financial institution in the
United States.
(3) Court authority over assets. - A court may issue a pretrial
restraining order or take any other action necessary to ensure
that any bank account or other property held by the defendant in
the United States is available to satisfy a judgment under this
section.
(4) Federal receiver. -
(A) In general. - A court may appoint a Federal Receiver, in
accordance with subparagraph (B) of this paragraph, to collect,
marshal, and take custody, control, and possession of all
assets of the defendant, wherever located, to satisfy a civil
judgment under this subsection, a forfeiture judgment under
section 981 or 982, or a criminal sentence under section 1957
or subsection (a) of this section, including an order of
restitution to any victim of a specified unlawful activity.
(B) Appointment and authority. - A Federal Receiver described
in subparagraph (A) -
(i) may be appointed upon application of a Federal
prosecutor or a Federal or State regulator, by the court
having jurisdiction over the defendant in the case;
(ii) shall be an officer of the court, and the powers of
the Federal Receiver shall include the powers set out in
section 754 of title 28, United States Code; and
(iii) shall have standing equivalent to that of a Federal
prosecutor for the purpose of submitting requests to obtain
information regarding the assets of the defendant -
(I) from the Financial Crimes Enforcement Network of the
Department of the Treasury; or
(II) from a foreign country pursuant to a mutual legal
assistance treaty, multilateral agreement, or other
arrangement for international law enforcement assistance,
provided that such requests are in accordance with the
policies and procedures of the Attorney General.
(c) As used in this section -
(1) the term "knowing that the property involved in a financial
transaction represents the proceeds of some form of unlawful
activity" means that the person knew the property involved in the
transaction represented proceeds from some form, though not
necessarily which form, of activity that constitutes a felony
under State, Federal, or foreign law, regardless of whether or
not such activity is specified in paragraph (7);
(2) the term "conducts" includes initiating, concluding, or
participating in initiating, or concluding a transaction;
(3) the term "transaction" includes a purchase, sale, loan,
pledge, gift, transfer, delivery, or other disposition, and with
respect to a financial institution includes a deposit,
withdrawal, transfer between accounts, exchange of currency,
loan, extension of credit, purchase or sale of any stock, bond,
certificate of deposit, or other monetary instrument, use of a
safe deposit box, or any other payment, transfer, or delivery by,
through, or to a financial institution, by whatever means
effected;
(4) the term "financial transaction" means (A) a transaction
which in any way or degree affects interstate or foreign commerce
(i) involving the movement of funds by wire or other means or
(ii) involving one or more monetary instruments, or (iii)
involving the transfer of title to any real property, vehicle,
vessel, or aircraft, or (B) a transaction involving the use of a
financial institution which is engaged in, or the activities of
which affect, interstate or foreign commerce in any way or
degree;
(5) the term "monetary instruments" means (i) coin or currency
of the United States or of any other country, travelers' checks,
personal checks, bank checks, and money orders, or (ii)
investment securities or negotiable instruments, in bearer form
or otherwise in such form that title thereto passes upon
delivery;
(6) the term "financial institution" includes -
(A) any financial institution, as defined in section
5312(a)(2) of title 31, United States Code, or the regulations
promulgated thereunder; and
(B) any foreign bank, as defined in section 1 of the
International Banking Act of 1978 (12 U.S.C. 3101);
(7) the term "specified unlawful activity" means -
(A) any act or activity constituting an offense listed in
section 1961(1) of this title except an act which is indictable
under subchapter II of chapter 53 of title 31;
(B) with respect to a financial transaction occurring in
whole or in part in the United States, an offense against a
foreign nation involving -
(i) the manufacture, importation, sale, or distribution of
a controlled substance (as such term is defined for the
purposes of the Controlled Substances Act);
(ii) murder, kidnapping, robbery, extortion, destruction of
property by means of explosive or fire, or a crime of
violence (as defined in section 16);
(iii) fraud, or any scheme or attempt to defraud, by or
against a foreign bank (as defined in paragraph 7 of section
1(b) of the International Banking Act of 1978)); (!1)
(iv) bribery of a public official, or the misappropriation,
theft, or embezzlement of public funds by or for the benefit
of a public official;
(v) smuggling or export control violations involving -
(I) an item controlled on the United States Munitions
List established under section 38 of the Arms Export
Control Act (22 U.S.C. 2778); or
(II) an item controlled under regulations under the
Export Administration Regulations (15 C.F.R. Parts 730-
774);
(vi) an offense with respect to which the United States
would be obligated by a multilateral treaty, either to
extradite the alleged offender or to submit the case for
prosecution, if the offender were found within the territory
of the United States; or
(vii) trafficking in persons, selling or buying of
children, sexual exploitation of children, or transporting,
recruiting or harboring a person, including a child, for
commercial sex acts;
(C) any act or acts constituting a continuing criminal
enterprise, as that term is defined in section 408 of the
Controlled Substances Act (21 U.S.C. 848);
(D) an offense under section 32 (relating to the destruction
of aircraft), section 37 (relating to violence at international
airports), section 115 (relating to influencing, impeding, or
retaliating against a Federal official by threatening or
injuring a family member), section 152 (relating to concealment
of assets; false oaths and claims; bribery), section 175c
(relating to the variola virus), section 215 (relating to
commissions or gifts for procuring loans), section 351
(relating to congressional or Cabinet officer assassination),
any of sections 500 through 503 (relating to certain
counterfeiting offenses), section 513 (relating to securities
of States and private entities), section 541 (relating to goods
falsely classified), section 542 (relating to entry of goods by
means of false statements), section 545 (relating to smuggling
goods into the United States), section 549 (relating to
removing goods from Customs custody), section 554 (relating to
smuggling goods from the United States), section 641 (relating
to public money, property, or records), section 656 (relating
to theft, embezzlement, or misapplication by bank officer or
employee), section 657 (relating to lending, credit, and
insurance institutions), section 658 (relating to property
mortgaged or pledged to farm credit agencies), section 666
(relating to theft or bribery concerning programs receiving
Federal funds), section 793, 794, or 798 (relating to
espionage), section 831 (relating to prohibited transactions
involving nuclear materials), section 844(f) or (i) (relating
to destruction by explosives or fire of Government property or
property affecting interstate or foreign commerce), section 875
(relating to interstate communications), section 922(l)
(relating to the unlawful importation of firearms), section
924(n) (relating to firearms trafficking), section 956
(relating to conspiracy to kill, kidnap, maim, or injure
certain property in a foreign country), section 1005 (relating
to fraudulent bank entries), 1006 (!2) (relating to fraudulent
Federal credit institution entries), 1007 (!2) (relating to
Federal Deposit Insurance transactions), 1014 (!2) (relating to
fraudulent loan or credit applications), section 1030 (relating
to computer fraud and abuse), 1032 (!2) (relating to
concealment of assets from conservator, receiver, or
liquidating agent of financial institution), section 1111
(relating to murder), section 1114 (relating to murder of
United States law enforcement officials), section 1116
(relating to murder of foreign officials, official guests, or
internationally protected persons), section 1201 (relating to
kidnaping), section 1203 (relating to hostage taking), section
1361 (relating to willful injury of Government property),
section 1363 (relating to destruction of property within the
special maritime and territorial jurisdiction), section 1708
(theft from the mail), section 1751 (relating to Presidential
assassination), section 2113 or 2114 (relating to bank and
postal robbery and theft), section 2252A (relating to child
pornography) where the child pornography contains a visual
depiction of an actual minor engaging in sexually explicit
conduct, section 2260 (production of certain child pornography
for importation into the United States), section 2280 (relating
to violence against maritime navigation), section 2281
(relating to violence against maritime fixed platforms),
section 2319 (relating to copyright infringement), section 2320
(relating to trafficking in counterfeit goods and services),
section 2332 (relating to terrorist acts abroad against United
States nationals), section 2332a (relating to use of weapons of
mass destruction), section 2332b (relating to international
terrorist acts transcending national boundaries), section 2332g
(relating to missile systems designed to destroy aircraft),
section 2332h (relating to radiological dispersal devices),
section 2339A or 2339B (relating to providing material support
to terrorists), section 2339C (relating to financing of
terrorism), or section 2339D (relating to receiving military-
type training from a foreign terrorist organization) of this
title, section 46502 of title 49, United States Code, a felony
violation of the Chemical Diversion and Trafficking Act of 1988
(relating to precursor and essential chemicals), section 590 of
the Tariff Act of 1930 (19 U.S.C. 1590) (relating to aviation
smuggling), section 422 of the Controlled Substances Act
(relating to transportation of drug paraphernalia), section
38(c) (relating to criminal violations) of the Arms Export
Control Act, section 11 (relating to violations) of the Export
Administration Act of 1979, section 206 (relating to penalties)
of the International Emergency Economic Powers Act, section 16
(relating to offenses and punishment) of the Trading with the
Enemy Act, any felony violation of section 15 of the Food and
Nutrition Act of 2008 (relating to supplemental nutrition
assistance program benefits fraud) involving a quantity of
benefits having a value of not less than $5,000, any violation
of section 543(a)(1) of the Housing Act of 1949 (relating to
equity skimming), any felony violation of the Foreign Agents
Registration Act of 1938, any felony violation of the Foreign
Corrupt Practices Act, or section 92 of the Atomic Energy Act
of 1954 (42 U.S.C. 2122) (relating to prohibitions governing
atomic weapons) (!3)
ENVIRONMENTAL CRIMES
(E) a felony violation of the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.), the Ocean Dumping Act (33 U.S.C.
1401 et seq.), the Act to Prevent Pollution from Ships (33
U.S.C. 1901 et seq.), the Safe Drinking Water Act (42 U.S.C.
300f et seq.), or the Resources Conservation and Recovery Act
(42 U.S.C. 6901 et seq.); or
(F) any act or activity constituting an offense involving a
Federal health care offense;
(8) the term "State" includes a State of the United States, the
District of Columbia, and any commonwealth, territory, or
possession of the United States.
(d) Nothing in this section shall supersede any provision of
Federal, State, or other law imposing criminal penalties or
affording civil remedies in addition to those provided for in this
section.
(e) Violations of this section may be investigated by such
components of the Department of Justice as the Attorney General may
direct, and by such components of the Department of the Treasury as
the Secretary of the Treasury may direct, as appropriate, and, with
respect to offenses over which the Department of Homeland Security
has jurisdiction, by such components of the Department of Homeland
Security as the Secretary of Homeland Security may direct, and,
with respect to offenses over which the United States Postal
Service has jurisdiction, by the Postal Service. Such authority of
the Secretary of the Treasury, the Secretary of Homeland Security,
and the Postal Service shall be exercised in accordance with an
agreement which shall be entered into by the Secretary of the
Treasury, the Secretary of Homeland Security, the Postal Service,
and the Attorney General. Violations of this section involving
offenses described in paragraph (c)(7)(E) may be investigated by
such components of the Department of Justice as the Attorney
General may direct, and the National Enforcement Investigations
Center of the Environmental Protection Agency.
(f) There is extraterritorial jurisdiction over the conduct
prohibited by this section if -
(1) the conduct is by a United States citizen or, in the case
of a non-United States citizen, the conduct occurs in part in the
United States; and
(2) the transaction or series of related transactions involves
funds or monetary instruments of a value exceeding $10,000.
(g) Notice of Conviction of Financial Institutions. - If any
financial institution or any officer, director, or employee of any
financial institution has been found guilty of an offense under
this section, section 1957 or 1960 of this title, or section 5322
or 5324 of title 31, the Attorney General shall provide written
notice of such fact to the appropriate regulatory agency for the
financial institution.
(h) Any person who conspires to commit any offense defined in
this section or section 1957 shall be subject to the same penalties
as those prescribed for the offense the commission of which was the
object of the conspiracy.
(i) Venue. - (1) Except as provided in paragraph (2), a
prosecution for an offense under this section or section 1957 may
be brought in -
(A) any district in which the financial or monetary transaction
is conducted; or
(B) any district where a prosecution for the underlying
specified unlawful activity could be brought, if the defendant
participated in the transfer of the proceeds of the specified
unlawful activity from that district to the district where the
financial or monetary transaction is conducted.
(2) A prosecution for an attempt or conspiracy offense under this
section or section 1957 may be brought in the district where venue
would lie for the completed offense under paragraph (1), or in any
other district where an act in furtherance of the attempt or
conspiracy took place.
(3) For purposes of this section, a transfer of funds from 1
place to another, by wire or any other means, shall constitute a
single, continuing transaction. Any person who conducts (as that
term is defined in subsection (c)(2)) any portion of the
transaction may be charged in any district in which the transaction
takes place.
SOURCE
(Added Pub. L. 99-570, title I, Sec. 1352(a), Oct. 27, 1986, 100
Stat. 3207-18; amended Pub. L. 100-690, title VI, Secs. 6183, 6465,
6466, 6469(a)(1), 6471(a), (b), title VII, Sec. 7031, Nov. 18,
1988, 102 Stat. 4354, 4375, 4377, 4378, 4398; Pub. L. 101-647,
title I, Secs. 105-108, title XII, Sec. 1205(j), title XIV, Secs.
1402, 1404, title XXV, Sec. 2506, title XXXV, Sec. 3557, Nov. 29,
1990, 104 Stat. 4791, 4792, 4831, 4835, 4862, 4927; Pub. L. 102-
550, title XV, Secs. 1504(c), 1524, 1526(a), 1527(a), 1530, 1531,
1534, 1536, Oct. 28, 1992, 106 Stat. 4055, 4064-4067; Pub. L. 103-
322, title XXXII, Sec. 320104(b), title XXXIII, Secs. 330008(2),
330011(l), 330012, 330019, 330021(1), Sept. 13, 1994, 108 Stat.
2111, 2142, 2145, 2146, 2149, 2150; Pub. L. 103-325, title IV,
Secs. 411(c)(2)(E), 413(c)(1), (d), Sept. 23, 1994, 108 Stat. 2253-
2255; Pub. L. 104-132, title VII, Sec. 726, Apr. 24, 1996, 110
Stat. 1301; Pub. L. 104-191, title II, Sec. 246, Aug. 21, 1996, 110
Stat. 2018; Pub. L. 104-294, title VI, Secs. 601(f)(6), 604(b)(38),
Oct. 11, 1996, 110 Stat. 3499, 3509; Pub. L. 106-569, title VII,
Sec. 709(a), Dec. 27, 2000, 114 Stat. 3018; Pub. L. 107-56, title
III, Secs. 315, 317, 318, 376, title VIII, Sec. 805(b), title X,
Sec. 1004, Oct. 26, 2001, 115 Stat. 308, 310, 311, 342, 378, 392;
Pub. L. 107-273, div. B, title IV, Secs. 4002(a)(11), (b)(5),
(c)(2), 4005(d)(1), (e), Nov. 2, 2002, 116 Stat. 1807, 1809, 1812,
1813; Pub. L. 108-458, title VI, Sec. 6909, Dec. 17, 2004, 118
Stat. 3774; Pub. L. 109-164, title I, Sec. 103(b), Jan. 10, 2006,
119 Stat. 3563; Pub. L. 109-177, title III, Sec. 311(c), title IV,
Secs. 403(b), (c)(1), 405, 406(a)(2), 409, Mar. 9, 2006, 120 Stat.
242-244, 246; Pub. L. 110-234, title IV, Secs. 4002(b)(1)(B), (D),
(2)(M), 4115(c)(1)(A)(i), (B)(ii), May 22, 2008, 122 Stat. 1096,
1097, 1109; Pub. L. 110-246, Sec. 4(a), title IV, Secs.
4002(b)(1)(B), (D), (2)(M), 4115(c)(1)(A)(i), (B)(ii), June 18,
2008, 122 Stat. 1664, 1857, 1858, 1870; Pub. L. 110-358, title II,
Sec. 202, Oct. 8, 2008, 122 Stat. 4003.)
REFERENCES IN TEXT
Sections 7201 and 7206 of the Internal Revenue Code of 1986,
referred to in subsec. (a)(1)(A)(ii), are classified, respectively,
to sections 7201 and 7206 of Title 26, Internal Revenue Code.
The Federal Rules of Civil Procedure, referred to in subsec.
(b)(2), are set out in the Appendix to Title 28, Judiciary and
Judicial Procedure.
The Controlled Substances Act, referred to in subsec.
(c)(7)(B)(i), (D), is title II of Pub. L. 91-513, Oct. 27, 1970, 84
Stat. 1242, as amended, which is classified principally to
subchapter I (Sec. 801 et seq.) of chapter 13 of Title 21, Food and
Drugs. Section 422 of the Act is classified to section 863 of Title
21. For complete classification of this Act to the Code, see Short
Title note set out under section 801 of Title 21 and Tables.
The Chemical Diversion and Trafficking Act of 1988, referred to
in subsec. (c)(7)(D), is subtitle A (Sec. 6051-6061) of title VI of
Pub. L. 100-690, Nov. 18, 1988, 102 Stat. 4312. For complete
classification of subtitle A to the Code, see Short Title of 1988
Amendment note set out under section 801 of Title 21, Food and
Drugs, and Tables.
Section 38(c) of the Arms Export Control Act, referred to in
subsec. (c)(7)(D), is classified to section 2778(c) of Title 22,
Foreign Relations and Intercourse.
Section 11 of the Export Administration Act of 1979, referred to
in subsec. (c)(7)(D), is classified to section 2410 of Title 50,
Appendix, War and National Defense.
Section 206 of the International Emergency Economic Powers Act,
referred to in subsec. (c)(7)(D), is classified to section 1705 of
Title 50.
Section 16 of the Trading with the Enemy Act, referred to in
subsec. (c)(7)(D), is classified to section 16 of Title 50,
Appendix.
Section 15 of the Food and Nutrition Act of 2008, referred to in
subsec. (c)(7)(D), is classified to section 2024 of Title 7,
Agriculture.
Section 543(a)(1) of the Housing Act of 1949, referred to in
subsec. (c)(7)(D), is classified to section 1490s(a)(1) of Title
42, The Public Health and Welfare.
The Foreign Agents Registration Act of 1938, referred to in
subsec. (c)(7)(D), is act June 8, 1938, ch. 327, 52 Stat. 631, as
amended, which is classified generally to subchapter II (Sec. 611
et seq.) of chapter 11 of Title 22, Foreign Relations and
Intercourse. For complete classification of this Act to the Code,
see Short Title note set out under section 611 of Title 22 and
Tables.
The Foreign Corrupt Practices Act, referred to in subsec.
(c)(7)(D), probably means the Foreign Corrupt Practices Act of
1977, title I of Pub. L. 95-213, Dec. 19, 1977, 91 Stat. 1494, as
amended, which enacted sections 78dd-1 to 78dd-3 of Title 15,
Commerce and Trade, and amended sections 78m and 78ff of Title 15.
For complete classification of this Act to the Code, see Short
Title of 1977 Amendment note set out under section 78a of Title 15
and Tables.
The Federal Water Pollution Control Act, referred to in subsec.
(c)(7)(E), is act June 30, 1948, ch. 758, as amended generally by
Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is
classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33,
Navigation and Navigable Waters. For complete classification of
this Act to the Code, see Short Title note set out under section
1251 of Title 33 and Tables.
The Ocean Dumping Act, referred to in subsec. (c)(7)(E), probably
means title I of the Marine Protection, Research, and Sanctuaries
Act of 1972, Pub. L. 92-532, Oct. 23, 1972, 86 Stat. 1053, as
amended, which is classified generally to subchapter I (Sec. 1411
et seq.) of chapter 27 of Title 33. For complete classification of
title I to the Code, see Tables.
The Act to Prevent Pollution from Ships, referred to in subsec.
(c)(7)(E), is Pub. L. 96-478, Oct. 21, 1980, 94 Stat. 2297, as
amended, which is classified principally to chapter 33 (Sec. 1901
et seq.) of Title 33. For complete classification of this Act to
the Code, see Short Title note set out under section 1901 of Title
33 and Tables.
The Safe Drinking Water Act, referred to in subsec. (c)(7)(E), is
title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93-
523, Sec. 2(a), 88 Stat. 1660, as amended, which is classified
generally to subchapter XII (Sec. 300f et seq.) of chapter 6A of
Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 201 of Title 42 and Tables.
The Resources Conservation and Recovery Act, referred to in
subsec. (c)(7)(E), probably means the Resource Conservation and
Recovery Act of 1976, Pub. L. 94-580, Oct. 21, 1976, 90 Stat. 2796,
as amended, which is classified generally to chapter 82 (Sec. 6901
et seq.) of Title 42. For complete classification of this Act to
the Code, see Short Title of 1976 Amendment note set out under
section 6901 of Title 42 and Tables.
CODIFICATION
Pub. L. 110-234 and Pub. L. 110-246 made identical amendments to
this section. The amendments by Pub. L. 110-234 were repealed by
section 4(a) of Pub. L. 110-246.
AMENDMENTS
2008 - Subsec. (c)(7)(D). Pub. L. 110-358 inserted "section 2252A
(relating to child pornography) where the child pornography
contains a visual depiction of an actual minor engaging in sexually
explicit conduct, section 2260 (production of certain child
pornography for importation into the United States)," before
"section 2280".
Pub. L. 110-246, Sec. 4115(c)(1)(A)(i), (B)(ii), substituted
"benefits" for "coupons".
Pub. L. 110-246, Sec. 4002(b)(1)(B), (D), (2)(M), substituted
"Food and Nutrition Act of 2008" for "Food Stamp Act of 1977" and
"supplemental nutrition assistance program benefits" for "food
stamp".
2006 - Subsec. (a)(1). Pub. L. 109-177, Sec. 405, inserted last
sentence.
Subsec. (b)(3), (4)(A). Pub. L. 109-177, Sec. 406(a)(2), struck
out "described in paragraph (2)" after "A court".
Subsec. (c)(7)(B)(vii). Pub. L. 109-164 added cl. (vii).
Subsec. (c)(7)(D). Pub. L. 109-177, Sec. 409, inserted ", section
2339C (relating to financing of terrorism), or section 2339D
(relating to receiving military-type training from a foreign
terrorist organization)" after "section 2339A or 2339B (relating to
providing material support to terrorists)" and struck out "or"
before "section 2339A or 2339B".
Pub. L. 109-177, Sec. 403(b), which directed amendment of subsec.
(c)(7)(D) by substituting "any felony violation of the Foreign
Corrupt Practices Act" for "or any felony violation of the Foreign
Corrupt Practices Act", could not be executed because of the
amendment by Pub. L. 108-458, Sec. 6909(3). See 2004 Amendment note
below.
Pub. L. 109-177, Sec. 311(c), inserted "section 554 (relating to
smuggling goods from the United States)," before "section 641
(relating to public money, property, or records),".
Subsec. (e). Pub. L. 109-177, Sec. 403(c)(1), amended subsec. (e)
generally. Prior to amendment, subsec. (e) read as follows:
"Violations of this section may be investigated by such components
of the Department of Justice as the Attorney General may direct,
and by such components of the Department of the Treasury as the
Secretary of the Treasury may direct, as appropriate and, with
respect to offenses over which the United States Postal Service has
jurisdiction, by the Postal Service. Such authority of the
Secretary of the Treasury and the Postal Service shall be exercised
in accordance with an agreement which shall be entered into by the
Secretary of the Treasury, the Postal Service, and the Attorney
General. Violations of this section involving offenses described in
paragraph (c)(7)(E) may be investigated by such components of the
Department of Justice as the Attorney General may direct, and the
National Enforcement Investigations Center of the Environmental
Protection Agency."
2004 - Subsec. (c)(7)(D). Pub. L. 108-458, Sec. 6909(3), struck
out "or" after "any felony violation of the Foreign Agents
Registration Act of 1938," and substituted ", or section 92 of the
Atomic Energy Act of 1954 (42 U.S.C. 2122) (relating to
prohibitions governing atomic weapons)" for semicolon at end.
Pub. L. 108-458, Sec. 6909(2), which directed the insertion of
"section 2332g (relating to missile systems designed to destroy
aircraft), section 2332h (relating to radiological dispersal
devices)," after "section 2332(b) (relating to international
terrorist acts transcending national boundaries)," was executed by
making the insertion after text which contained the words "section
2332b" rather than "section 2332(b)", to reflect the probable
intent of Congress.
Pub. L. 108-458, Sec. 6909(1), inserted "section 175c (relating
to the variola virus)," before "section 215".
2002 - Subsec. (c)(6)(B). Pub. L. 107-273, Sec. 4005(d)(1),
substituted semicolon for period at end.
Subsec. (c)(7)(B)(ii). Pub. L. 107-273, Sec. 4002(b)(5)(A),
realigned margins.
Subsec. (c)(7)(D). Pub. L. 107-273, Sec. 4005(e), repealed Pub.
L. 107-56, Sec. 805(b). See 2001 Amendment note below.
Pub. L. 107-273, Sec. 4002(c)(2), substituted "services)," for
"services),," and "Code," for "Code,,".
Pub. L. 107-273, Sec. 4002(b)(5)(B), struck out "or" at end.
Pub. L. 107-273, Sec. 4002(a)(11), made technical corrections to
directory language of Pub. L. 104-132, Sec. 726(2). See 1996
Amendment note below.
Subsec. (c)(7)(E). Pub. L. 107-273, Sec. 4002(b)(5)(C),
substituted "; or" for period at end.
Subsec. (c)(7)(F). Pub. L. 107-273, Sec. 4002(b)(5)(D),
substituted "any" for "Any" and semicolon for period at end.
2001 - Subsec. (b). Pub. L. 107-56, Sec. 317, inserted subsec.
heading, designated existing provisions as par. (1), inserted
heading and inserted ", or section 1957" after "or (a)(3)" in
introductory provisions, redesignated former pars. (1) and (2) as
subpars. (A) and (B), respectively, of par. (1), realigned margins,
and added pars. (2) to (4).
Subsec. (c)(6). Pub. L. 107-56, Sec. 318, added par. (6) and
struck out former par. (6) which read as follows: "the term
'financial institution' has the definition given that term in
section 5312(a)(2) of title 31, United States Code, or the
regulations promulgated thereunder;".
Subsec. (c)(7)(B). Pub. L. 107-56, Sec. 315(1), substituted
"destruction of property by means of explosive or fire, or a crime
of violence (as defined in section 16)" for "or destruction of
property by means of explosive or fire" in cl. (ii), inserted a
closing parenthesis after "1978" in cl. (iii), and added cls. (iv)
to (vi).
Subsec. (c)(7)(D). Pub. L. 107-56, Sec. 376, inserted "or 2339B"
after "2339A". Pub. L. 107-56, Sec. 805(b), which amended subpar.
(D) identically, was repealed by Pub. L. 107-273, Sec. 4005(e).
Pub. L. 107-56, Sec. 315(2), inserted "section 541 (relating to
goods falsely classified)," before "section 542", "section 922(l)
(relating to the unlawful importation of firearms), section 924(n)
(relating to firearms trafficking)," before "section 956", "section
1030 (relating to computer fraud and abuse)," before "1032", and
"any felony violation of the Foreign Agents Registration Act of
1938," before "or any felony violation of the Foreign Corrupt
Practices Act".
Subsec. (i). Pub. L. 107-56, Sec. 1004, added subsec. (i).
2000 - Subsec. (c)(7)(D). Pub. L. 106-569 inserted "any violation
of section 543(a)(1) of the Housing Act of 1949 (relating to equity
skimming)," after "coupons having a value of not less than
$5,000,".
1996 - Subsec. (c)(7)(B)(ii). Pub. L. 104-132, Sec. 726(1),
amended cl. (ii) generally. Prior to amendment, cl. (ii) read as
follows: "kidnapping, robbery, or extortion; or".
Subsec. (c)(7)(B)(iii). Pub. L. 104-294, Sec. 601(f)(6), struck
out one closing parenthesis after "1978".
Subsec. (c)(7)(D). Pub. L. 104-294, Sec. 604(b)(38), amended
directory language of Pub. L. 103-322, Sec. 320104(b). See 1994
Amendment note below.
Pub. L. 104-132, Sec. 726(2), as amended by Pub. L. 107-273, Sec.
4002(a)(11), inserted "section 32 (relating to the destruction of
aircraft), section 37 (relating to violence at international
airports), section 115 (relating to influencing, impeding, or
retaliating against a Federal official by threatening or injuring a
family member)," after "an offense under", "section 351 (relating
to congressional or Cabinet officer assassination)," after "section
215 (relating to commissions or gifts for procuring loans),",
"section 831 (relating to prohibited transactions involving nuclear
materials), section 844(f) or (i) (relating to destruction by
explosives or fire of Government property or property affecting
interstate or foreign commerce)," after "798 (relating to
espionage),", "section 956 (relating to conspiracy to kill, kidnap,
maim, or injure certain property in a foreign country)," after
"section 875 (relating to interstate communications),", "section
1111 (relating to murder), section 1114 (relating to murder of
United States law enforcement officials), section 1116 (relating to
murder of foreign officials, official guests, or internationally
protected persons)," after "1032 (relating to concealment of assets
from conservator, receiver, or liquidating agent of financial
institution),", "section 1361 (relating to willful injury of
Government property), section 1363 (relating to destruction of
property within the special maritime and territorial
jurisdiction)," after "section 1203 (relating to hostage taking),",
"section 1751 (relating to Presidential assassination)," after
"1708 (theft from the mail),", "section 2280 (relating to violence
against maritime navigation), section 2281 (relating to violence
against maritime fixed platforms)," after "2114 (relating to bank
and postal robbery and theft),", and substituted "section 2320" for
"or section 2320" and ", section 2332 (relating to terrorist acts
abroad against United States nationals), section 2332a (relating to
use of weapons of mass destruction), section 2332b (relating to
international terrorist acts transcending national boundaries), or
section 2339A (relating to providing material support to
terrorists) of this title, section 46502 of title 49, United States
Code," for "of this title".
Subsec. (c)(7)(F). Pub. L. 104-191 added subpar. (F).
1994 - Subsec. (a)(2). Pub. L. 103-325, Sec. 413(c)(1)(A)(ii),
substituted "transfer" for "transfer." in concluding provisions and
two times in subpar. (B).
Pub. L. 103-322, Sec. 330019(a)(3), and Pub. L. 103-325, Sec.
413(c)(1)(A)(i), amended par. (2) identically, inserting "not more
than" before "$500,000" in concluding provisions.
Subsec. (b). Pub. L. 103-325, Sec. 413(c)(1)(B), inserted "or
(a)(3)" after "(a)(1)" and substituted "transfer" for "transfer."
Subsec. (c)(7)(B)(ii). Pub. L. 103-322, Sec. 330021(1),
substituted "kidnapping" for "kidnaping".
Subsec. (c)(7)(B)(iii). Pub. L. 103-322, Sec. 330019(a)(1), and
Pub. L. 103-325, Sec. 413(c)(1)(C), each amended cl. (iii) by
inserting a closing parenthesis after "1978".
Subsec. (c)(7)(D). Pub. L. 103-322, Sec. 330019(b), and Pub. L.
103-325, Sec. 413(c)(1)(D), amended subpar. (D) identically,
substituting "section 15 of the Food Stamp Act of 1977" for
"section 9(c) of the Food Stamp Act of 1977".
Pub. L. 103-322, Sec. 330011(l), and Pub. L. 103-325, Sec.
413(d), made identical amendments repealing Pub. L. 101-647, Sec.
3557(2)(E). See 1990 Amendment note below.
Pub. L. 103-322, Sec. 320104(b), as amended by Pub. L. 104-294,
Sec. 604(b)(38), substituted "section 2319 (relating to copyright
infringement), or section 2320 (relating to trafficking in
counterfeit goods and services)," for "or section 2319 (relating to
copyright infringement)".
Subsec. (c)(7)(E). Pub. L. 103-322, Sec. 330012, and Pub. L. 103-
325, Sec. 413(c)(1)(E), amended subpar. (E) identically, striking
out second period at end.
Subsec. (e). Pub. L. 103-322, Sec. 330008(2), and Pub. L. 103-
325, Sec. 413(c)(1)(F), amended subsec. (e) identically,
substituting "Environmental Protection Agency" for "Evironmental
Protection Agency".
Subsec. (g). Pub. L. 103-325, Sec. 411(c)(2)(E), in subsec. (g)
relating to notice of conviction of financial institutions,
substituted "section 5322 or 5324 of title 31" for "section 5322 of
title 31".
Pub. L. 103-322, Sec. 330019(a)(2), and Pub. L. 103-325, Sec.
413(c)(1)(G), made identical amendments redesignating subsec. (g)
relating to penalty for money laundering conspiracies as (h).
Subsec. (h). Pub. L. 103-322, Sec. 330019(a)(2), and Pub. L. 103-
325, Sec. 413(c)(1)(G), made identical amendments redesignating
subsec. (g) relating to penalty for money laundering conspiracies
as (h).
1992 - Subsec. (a)(2). Pub. L. 102-550, Sec. 1531(a), substituted
"transportation, transmission, or transfer." for "transportation"
wherever appearing in subpar. (B) and concluding provisions.
Subsec. (a)(3). Pub. L. 102-550, Sec. 1531(b), in concluding
provisions, substituted "property represented to be the proceeds"
for "property represented by a law enforcement officer to be the
proceeds".
Subsec. (b). Pub. L. 102-550, Sec. 1531(a), substituted
"transportation, transmission, or transfer." for "transportation"
in introductory provisions.
Subsec. (c)(3). Pub. L. 102-550, Sec. 1527(a)(2), inserted "use
of a safe deposit box," before "or any other payment".
Subsec. (c)(4)(A). Pub. L. 102-550, Sec. 1527(a)(1), added clause
(iii), struck out "which in any way or degree affects interstate or
foreign commerce," after "or aircraft," and inserted "which in any
way or degree affects interstate or foreign commerce" after "(A) or
transaction".
Subsec. (c)(6). Pub. L. 102-550, Sec. 1526(a), substituted "or
the regulations" for "and the regulations".
Subsec. (c)(7)(B). Pub. L. 102-550, Sec. 1536, designated part of
existing provisions as cl. (i) and added cls. (ii) and (iii).
Subsec. (c)(7)(D). Pub. L. 102-550, Secs. 1524, 1534(1), (2),
struck out "1341 (relating to mail fraud) or section 1343 (relating
to wire fraud) affecting a financial institution, section 1344
(relating to bank fraud)," after "hostage taking),", inserted
"section 1708 (theft from the mail)," before "section 2113",
substituted "section 422 of the Controlled Substances Act" for
"section 1822 of the Mail Order Drug Paraphernalia Control Act (100
Stat. 3207-51; 21 U.S.C. 857)", and struck out "or" before "section
16".
Pub. L. 102-550, Sec. 1534(3), which directed insertion of ", any
felony violation of section 9(c) of the Food Stamp Act of 1977
(relating to food stamp fraud) involving a quantity of coupons
having a value of not less than $5,000, or any felony violation of
the Foreign Corrupt Practices Act" before semicolon, was executed
by making insertion before semicolon at end to reflect the probable
intent of Congress.
Subsec. (g). Pub. L. 102-550, Sec. 1530, added subsec. (g)
relating to penalty for money laundering conspiracies.
Pub. L. 102-550, Sec. 1504(c), added subsec. (g) relating to
notice of conviction of financial institutions.
1990 - Subsec. (a)(2). Pub. L. 101-647, Sec. 108(1), inserted at
end "For the purpose of the offense described in subparagraph (B),
the defendant's knowledge may be established by proof that a law
enforcement officer represented the matter specified in
subparagraph (B) as true, and the defendant's subsequent statements
or actions indicate that the defendant believed such
representations to be true."
Subsec. (a)(3). Pub. L. 101-647, Sec. 108(2), inserted "and
paragraph (2)" after "this paragraph" in last sentence.
Subsec. (c)(1). Pub. L. 101-647, Sec. 106, substituted "State,
Federal, or foreign" for "State or Federal".
Subsec. (c)(4). Pub. L. 101-647, Sec. 1402, inserted "(A)" before
"a transaction" the first place it appears, "(B)" before "a
transaction" the second place it appears, "(i)" before "involving"
the first place it appears, and "(ii)" before "involving" the
second place it appears.
Subsec. (c)(5). Pub. L. 101-647, Sec. 105, amended par. (5)
generally. Prior to amendment, par. (5) read as follows: "the term
'monetary instruments' means coin or currency of the United States
or of any other country, travelers" checks, personal checks, bank
checks, money orders, investment securities in bearer form or
otherwise in such form that title thereto passes upon delivery, and
negotiable instruments in bearer form or otherwise in such form
that title thereto passes upon delivery;".
Subsec. (c)(7)(A). Pub. L. 101-647, Sec. 3557(1), substituted
"subchapter II of chapter 53 of title 31" for "the Currency and
Foreign Transactions Reporting Act".
Subsec. (c)(7)(C). Pub. L. 101-647, Sec. 1404(a)(1), struck out
"or" at end.
Subsec. (c)(7)(D). Pub. L. 101-647, Sec. 3557(2)(A)-(D),
substituted "section 2113" for "or section 2113", substituted
"theft), or" for "theft) of this title,", inserted "of this title"
after "2319 (relating to copyright infringement)", and substituted
"paraphernalia" for "paraphenalia".
Pub. L. 101-647, Sec. 3557(2)(E), which directed the amendment of
subpar. (D) by striking the final period, was repealed by Pub. L.
103-322, Sec. 330011(l), and Pub. L. 103-325, Sec. 413(d).
Pub. L. 101-647, Sec. 2506(2), inserted "section 1341 (relating
to mail fraud) or section 1343 (relating to wire fraud) affecting a
financial institution," after "section 1203 (relating to hostage
taking),".
Pub. L. 101-647, Sec. 2506(1), inserted "section 1005 (relating
to fraudulent bank entries), 1006 (relating to fraudulent Federal
credit institution entries), 1007 (relating to Federal Deposit
Insurance transactions), 1014 (relating to fraudulent loan or
credit applications), 1032 (relating to concealment of assets from
conservator, receiver, or liquidating agent of financial
institution)," after "section 875 (relating to interstate
communications),".
Pub. L. 101-647, Sec. 1404(a)(2), inserted "; or" after "Trading
with the Enemy Act" at end.
Pub. L. 101-647, Sec. 107, substituted "a felony violation of the
Chemical Diversion and Trafficking Act of 1988" for "section 310 of
the Controlled Substances Act (21 U.S.C. 830)".
Subsec. (c)(7)(E). Pub. L. 101-647, Sec. 1404(a)(2), amended par.
(7) by inserting "; or" and subpar. (E) before the period.
Subsec. (c)(8). Pub. L. 101-647, Sec. 1205(j), added par. (8).
Subsec. (e). Pub. L. 101-647, Sec. 1404(b), inserted at end
"Violations of this section involving offenses described in
paragraph (c)(7)(E) may be investigated by such components of the
Department of Justice as the Attorney General may direct, and the
National Enforcement Investigations Center of the Evironmental
[sic] Protection Agency."
1988 - Subsec. (a)(1)(A). Pub. L. 100-690, Sec. 6471(a), amended
subpar. (A) generally, designating existing provisions as cl. (i)
and adding cl. (ii).
Subsec. (a)(2). Pub. L. 100-690, Sec. 6471(b), substituted
"transports, transmits, or transfers, or attempts to transport,
transmit, or transfer" for "transports or attempts to transport" in
introductory provisions.
Subsec. (a)(3). Pub. L. 100-690, Sec. 6465, added par. (3).
Subsec. (c)(7)(D). Pub. L. 100-690, Sec. 7031, substituted
"section 513" for "section 511" and "section 545" for "section 543"
and inserted "section 657 (relating to lending, credit, and
insurance institutions), section 658 (relating to property
mortgaged or pledged to farm credit agencies),".
Pub. L. 100-690, Sec. 6466, inserted "section 542 (relating to
entry of goods by means of false statements),", "section 549
(relating to removing goods from Customs custody),", and "section
2319 (relating to copyright infringement), section 310 of the
Controlled Substances Act (21 U.S.C. 830) (relating to precursor
and essential chemicals), section 590 of the Tariff Act of 1930 (19
U.S.C. 1590) (relating to aviation smuggling), section 1822 of the
Mail Order Drug Paraphernalia Control Act (100 Stat. 3207-51; 21
U.S.C. 857) (relating to transportation of drug paraphenalia
[sic]),".
Pub. L. 100-690, Sec. 6183, substituted "section 38(c) (relating
to criminal violations) of the Arms Export Control Act, section 11
(relating to violations) of the Export Administration Act of 1979,
section 206 (relating to penalties) of the International Emergency
Economic Powers Act, or section 16 (relating to offenses and
punishment) of the Trading with the Enemy Act." for "section 38 of
the Arms Export Control Act (22 U.S.C. 2778), section 2 (relating
to criminal penalties) of the Export Administration Act of 1979 (50
U.S.C. App. 2401), section 203 (relating to criminal sanctions) of
the International Emergency Economic Powers Act (50 U.S.C. 1702),
or section 3 (relating to criminal violations) of the Trading with
the Enemy Act (50 U.S.C. App. 3)".
Subsec. (e). Pub. L. 100-690, Sec. 6469(a)(1), substituted "and,
with respect to offenses over which the United States Postal
Service has jurisdiction, by the Postal Service. Such authority of
the Secretary of the Treasury and the Postal Service shall be
exercised in accordance with an agreement which shall be entered
into by the Secretary of the Treasury, the Postal Service, and the
Attorney General." for ". Such authority of the Secretary of the
Treasury shall be exercised in accordance with an agreement which
shall be entered into by the Secretary of the Treasury and the
Attorney General."
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L. 110-234 by Pub.
L. 110-246 effective May 22, 2008, the date of enactment of Pub. L.
110-234, except as otherwise provided, see section 4 of Pub. L. 110-
246, set out as an Effective Date note under section 8701 of Title
7, Agriculture.
Amendment by sections 4002(b)(1)(B), (D), (2)(M), and
4115(c)(1)(A)(i), (B)(ii) of Pub. L. 110-246 effective Oct. 1,
2008, see section 4407 of Pub. L. 110-246, set out as a note under
section 1161 of Title 2, The Congress.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107-273, div. B, title IV, Sec. 4002(a)(11), Nov. 2,
2002, 116 Stat. 1807, provided that the amendment made by section
4002(a)(11) is effective Apr. 24, 1996.
Pub. L. 107-273, div. B, title IV, Sec. 4005(e), Nov. 2, 2002,
116 Stat. 1813, provided that the amendment made by section 4005(e)
is effective Oct. 26, 2001.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 604(b)(38) of Pub. L. 104-294 effective
Sept. 13, 1994, see section 604(d) of Pub. L. 104-294, set out as a
note under section 13 of this title.
EFFECTIVE DATE OF 1994 AMENDMENTS
Section 330011(l) of Pub. L. 103-322 and section 413(d) of Pub.
L. 103-325 provided that the repeal of section 3557(2)(E) of Pub.
L. 101-647 made by those sections is effective as of the date of
enactment of Pub. L. 101-647, which was approved Nov. 29, 1990.
FOOTNOTE
(!1) So in original. The second closing parenthesis probably
should not appear.
(!2) So in original. Probably should be preceded by "section".
(!3) So in original. Probably should be followed by a semicolon.
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