From the U.S. Code Online via GPO Access
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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 31USC5324]
TITLE 31--MONEY AND FINANCE
SUBTITLE IV--MONEY
CHAPTER 53--MONETARY TRANSACTIONS
SUBCHAPTER II--RECORDS AND REPORTS ON MONETARY INSTRUMENTS TRANSACTIONS
Sec. 5324. Structuring transactions to evade reporting
requirement prohibited
(a) Domestic Coin and Currency Transactions Involving Financial
Institutions.--No person shall, for the purpose of evading the reporting
requirements of section 5313(a) or 5325 or any regulation prescribed
under any such section, the reporting or recordkeeping requirements
imposed by any order issued under section 5326, or the recordkeeping
requirements imposed by any regulation prescribed under section 21 of
the Federal Deposit Insurance Act or section 123 of Public Law 91-508--
(1) cause or attempt to cause a domestic financial institution
to fail to file a report required under section 5313(a) or 5325 or
any regulation prescribed under any such section, to file a report
or to maintain a record required by an order issued under section
5326, or to maintain a record required pursuant to any regulation
prescribed under section 21 of the Federal Deposit Insurance Act or
section 123 of Public Law 91-508;
(2) cause or attempt to cause a domestic financial institution
to file a report required under section 5313(a) or 5325 or any
regulation prescribed under any such section, to file a report or to
maintain a record required by any order issued under section 5326,
or to maintain a record required pursuant to any regulation
prescribed under section 5326, or to maintain a record required
pursuant to any regulation prescribed under section 21 of the
Federal Deposit Insurance Act or section 123 of Public Law 91-508,
that contains a material omission or misstatement of fact; or
(3) structure or assist in structuring, or attempt to structure
or assist in structuring, any transaction with one or more domestic
financial institutions.
(b) Domestic Coin and Currency Transactions Involving Nonfinancial
Trades or Businesses.--No person shall, for the purpose of evading the
report requirements of section 5333 \1\ or any regulation prescribed
under such section--
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\1\ So in original. Probably should be section ``5331''.
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(1) cause or attempt to cause a nonfinancial trade or business
to fail to file a report required under section 5333 \1\ or any
regulation prescribed under such section;
(2) cause or attempt to cause a nonfinancial trade or business
to file a report required under section 5333 \1\ or any regulation
prescribed under such section that contains a material omission or
misstatement of fact; or
(3) structure or assist in structuring, or attempt to structure
or assist in structuring, any transaction with 1 or more
nonfinancial trades or businesses.
(c) International Monetary Instrument Transactions.--No person
shall, for the purpose of evading the reporting requirements of section
5316--
(1) fail to file a report required by section 5316, or cause or
attempt to cause a person to fail to file such a report;
(2) file or cause or attempt to cause a person to file a report
required under section 5316 that contains a material omission or
misstatement of fact; or
(3) structure or assist in structuring, or attempt to structure
or assist in structuring, any importation or exportation of monetary
instruments.
(d) Criminal Penalty.--
(1) In general.--Whoever violates this section shall be fined in
accordance with title 18, United States Code, imprisoned for not
more than 5 years, or both.
(2) Enhanced penalty for aggravated cases.--Whoever violates
this section 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 twice the amount
provided in subsection (b)(3) or (c)(3) (as the case may be) of
section 3571 of title 18, United States Code, imprisoned for not
more than 10 years, or both.
(Added Pub. L. 99-570, title I, Sec. 1354(a), Oct. 27, 1986, 100 Stat.
3207-22; amended Pub. L. 102-550, title XV, Secs. 1517(a), 1525(a),
1535(a)(1), Oct. 28, 1992, 106 Stat. 4059, 4064, 4066; Pub. L. 103-322,
title XXXIII, Sec. 330017(a)(2), Sept. 13, 1994, 108 Stat. 2149; Pub. L.
103-325, title IV, Secs. 411(a), 413(a)(2), Sept. 23, 1994, 108 Stat.
2253, 2254; Pub. L. 107-56, title III, Secs. 353(c), 365(b)(1), (2)(A),
Oct. 26, 2001, 115 Stat. 323, 334, 335.)
References in Text
Section 21 of the Federal Deposit Insurance Act, referred to in
subsec. (a), is classified to section 1829b of Title 12, Banks and
Banking.
Section 123 of Public Law 91-508, referred to in subsec. (a), is
classified to section 1953 of Title 12, Banks and Banking.
Amendments
2001--Subsec. (a). Pub. L. 107-56, Secs. 353(c)(1), (2),
365(b)(2)(A), inserted ``Involving Financial Institutions'' after
``Transactions'' in heading, and in introductory provisions, inserted
comma after ``No person shall'' and substituted ``section, the reporting
or recordkeeping requirements imposed by any order issued under section
5326, or the recordkeeping requirements imposed by any regulation
prescribed under section 21 of the Federal Deposit Insurance Act or
section 123 of Public Law 91-508--'' for ``section--''.
Subsec. (a)(1). Pub. L. 107-56, Sec. 353(c)(3), inserted ``, to file
a report or to maintain a record required by an order issued under
section 5326, or to maintain a record required pursuant to any
regulation prescribed under section 21 of the Federal Deposit Insurance
Act or section 123 of Public Law 91-508'' before semicolon at end.
Subsec. (a)(2). Pub. L. 107-56, Sec. 353(c)(4), inserted ``, to file
a report or to maintain a record required by any order issued under
section 5326, or to maintain a record required pursuant to any
regulation prescribed under section 5326, or to maintain a record
required pursuant to any regulation prescribed under section 21 of the
Federal Deposit Insurance Act or section 123 of Public Law 91-508,''
after ``regulation prescribed under any such section''.
Subsecs. (b) to (d). Pub. L. 107-56, Sec. 365(b)(1), added subsec.
(b) and redesignated former subsecs. (b) and (c) as (c) and (d),
respectively.
1994--Subsec. (a). Pub. L. 103-322, Sec. 330017(a)(2) and Pub. L.
103-325, Sec. 413(a)(2), amended subsec. (a), introductory provisions,
identically, substituting ``section 5313(a) or 5325 or any regulation
prescribed under any such section'' for ``section 5313(a), section 5325,
or the regulations issued thereunder or section 5325 or regulations
prescribed under such section 5325'' and striking out ``with respect to
such transaction'' before dash.
Subsec. (a)(1), (2). Pub. L. 103-322, Sec. 330017(a)(2)(A) and Pub.
L. 103-325, Sec. 413(a)(2)(A), amended pars. (1) and (2) identically,
substituting ``section 5313(a) or 5325 or any regulation prescribed
under any such section'' for ``section 5313(a), section 5325, or the
regulations issued thereunder or section 5325 or regulations prescribed
under such section 5325''.
Subsec. (c). Pub. L. 103-325, Sec. 411(a), added subsec. (c).
1992--Pub. L. 102-550, Sec. 1525(a)(1), designated existing
provisions as subsec. (a), inserted heading, and added subsec. (b).
Pub. L. 102-550, Secs. 1517(a), 1535(a)(1), inserted the following
duplicative provisions ``or section 5325 or regulations prescribed under
such section 5325'' and ``, section 5325, or the regulations issued
thereunder'' after ``section 5313(a)'' wherever appearing.
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
Section 1364(a) of Pub. L. 99-570 provided that: ``The amendment
made by section 1354 [enacting this section] shall apply with respect to
transactions for the payment, receipt, or transfer of United States
coins or currency or other monetary instruments completed after the end
of the 3-month period beginning on the date of the enactment of this Act
[Oct. 27, 1986].''
Section Referred to in Other Sections
This section is referred to in sections 5317, 5321, 5322 of this
title; title 12 sections 93, 1464, 1772d, 1786, 1818, 1821, 3420; title
18 sections 986, 1956; title 28 section 524.