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.
Transactional Records Access
Clearinghouse, Syracuse University
Copyright 2010