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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: 31USC5322]
TITLE 31--MONEY AND FINANCE
SUBTITLE IV--MONEY
CHAPTER 53--MONETARY TRANSACTIONS
SUBCHAPTER II--RECORDS AND REPORTS ON MONETARY INSTRUMENTS TRANSACTIONS
Sec. 5322. Criminal penalties
(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.
(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 Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
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.
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 this title.
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.
Section Referred to in Other Sections
This section is referred to in section 5321 of this title; title 12
sections 93, 1464, 1772d, 1786, 1818, 1821, 3105; title 18 sections 986,
1956, 2516.