From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1956]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 95--RACKETEERING
Sec. 1956. Laundering of monetary instruments
(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.
(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 described in paragraph
(2) 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 described in paragraph (2) 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\
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\1\ So in original. The second closing parenthesis probably should
not appear.
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(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); or
(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;
(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 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
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 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), or section 2339A or
2339B (relating to providing material support to terrorists) 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 Stamp
Act of 1977 (relating to food stamp fraud) involving a quantity
of coupons 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, or any felony violation of the Foreign
Corrupt Practices Act;
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\2\ So in original. Probably should be preceded by ``section''.
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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 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.
(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.
(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.)
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 Stamp Act of 1977, 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.
Amendments
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 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.
Termination Date of 2001 Amendment
Amendments by title III of Pub. L. 107-56 to terminate effective on
and after the first day of fiscal year 2005 if Congress enacts a joint
resolution that such amendments no longer have the force of law, see
section 303 of Pub. L. 107-56, set out as a Four-Year Congressional
Review; Expedited Consideration note under section 5311 of Title 31,
Money and Finance.
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.
Section Referred to in Other Sections
This section is referred to in sections 981, 982, 986, 1510, 1952,
1957, 1961, 2332d, 2516, 3322 of this title; title 8 sections 1101,
1182; title 12 sections 93, 1464, 1772d, 1785, 1786, 1818, 1821, 1829,
3105, 3413, 3420; title 19 section 1583; title 22 section 2714; title 26
section 6050I; title 28 sections 524, 2467; title 31 sections 5328,
9703.