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CITE

    18 USC Sec. 1957                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 95 - RACKETEERING

HEAD

    Sec. 1957. Engaging in monetary transactions in property derived
      from specified unlawful activity

STATUTE

      (a) Whoever, in any of the circumstances set forth in subsection
    (d), knowingly engages or attempts to engage in a monetary
    transaction in criminally derived property of a value greater than
    $10,000 and is derived from specified unlawful activity, shall be
    punished as provided in subsection (b).
      (b)(1) Except as provided in paragraph (2), the punishment for an
    offense under this section is a fine under title 18, United States
    Code, or imprisonment for not more than ten years or both.
      (2) The court may impose an alternate fine to that imposable
    under paragraph (1) of not more than twice the amount of the
    criminally derived property involved in the transaction.
      (c) In a prosecution for an offense under this section, the
    Government is not required to prove the defendant knew that the
    offense from which the criminally derived property was derived was
    specified unlawful activity.
      (d) The circumstances referred to in subsection (a) are -
        (1) that the offense under this section takes place in the
      United States or in the special maritime and territorial
      jurisdiction of the United States; or
        (2) that the offense under this section takes place outside the
      United States and such special jurisdiction, but the defendant is
      a United States person (as defined in section 3077 of this title,
      but excluding the class described in paragraph (2)(D) of such
      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.
      (f) As used in this section -
        (1) the term "monetary transaction" means the deposit,
      withdrawal, transfer, or exchange, in or affecting interstate or
      foreign commerce, of funds or a monetary instrument (as defined
      in section 1956(c)(5) of this title) by, through, or to a
      financial institution (as defined in section 1956 of this title),
      including any transaction that would be a financial transaction
      under section 1956(c)(4)(B) of this title, but such term does not
      include any transaction necessary to preserve a person's right to
      representation as guaranteed by the sixth amendment to the
      Constitution;
        (2) the term "criminally derived property" means any property
      constituting, or derived from, proceeds obtained from a criminal
      offense; and
        (3) the term "specified unlawful activity" has the meaning
      given that term in section 1956 of this title.

SOURCE

    (Added Pub. L. 99-570, title I, Sec. 1352(a), Oct. 27, 1986, 100
    Stat. 3207-21; amended Pub. L. 100-690, title VI, Secs. 6182, 6184,
    6469(a)(2), Nov. 18, 1988, 102 Stat. 4354, 4377; Pub. L. 102-550,
    title XV, Secs. 1526(b), 1527(b), Oct. 28, 1992, 106 Stat. 4065;
    Pub. L. 103-322, title XXXIII, Sec. 330020, Sept. 13, 1994, 108
    Stat. 2149; Pub. L. 103-325, title IV, Sec. 413(c)(2), Sept. 23,
    1994, 108 Stat. 2255; Pub. L. 109-177, title IV, Sec. 403(c)(2),
    Mar. 9, 2006, 120 Stat. 243.)

AMENDMENTS

      2006 - Subsec. (e). Pub. L. 109-177 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."
      1994 - Subsec. (f)(1). Pub. L. 103-322, Sec. 330020, and Pub. L.
    103-325, Sec. 413(c)(2), amended par. (1) identically, striking out
    second comma after "(as defined in section 1956 of this title)".
      1992 - Subsec. (f)(1). Pub. L. 102-550 substituted "section 1956
    of this title" for "section 5312 of title 31" and inserted ",
    including any transaction that would be a financial transaction
    under section 1956(c)(4)(B) of this title," before "but such term
    does not include".
      1988 - Subsec. (e). Pub. L. 100-690, Sec. 6469(a)(2), 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."
      Subsec. (f)(1). Pub. L. 100-690, Secs. 6182, 6184, substituted
    "in section 1956(c)(5) of this title" for "for the purposes of
    subchapter II of chapter 53 of title 31" and inserted ", but such
    term does not include any transaction necessary to preserve a
    person's right to representation as guaranteed by the sixth
    amendment to the Constitution".