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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: 18USC1957]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 95--RACKETEERING
Sec. 1957. Engaging in monetary transactions in property derived
from specified unlawful activity
(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 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.
(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.
(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.)
Amendments
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''.
Section Referred to in Other Sections
This section is referred to in sections 981, 982, 986, 1510, 1952,
1956, 1961, 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 22 section 2714; title 26 section 6050I; title 28 section
524; title 31 sections 5328, 9703.