Money Laundering
Statute Federal Criminal Law (Title 18, United States Code)
"Recycling" as it is commonly referred to as the transfer of funds, a product of criminal acts - whether that activity is linked to drug trafficking, or related economic crime. Despite being a rather broad definition of money laundering, the federal money laundering laws adopted to try to take the profit from criminal activities.
Congress has approved severalLaws over the years, the profits of criminal activity may prevent the use as currency transaction reports. The anti-money laundering statutes criminalize the movement and use of profit / wealth created by criminal activity. See Title 18, United States Code, § § 1956 and 1957.
Many people have problems with this statute, including the apparently widespread use of these statutes, particularly the concerns about interference with legitimate business activity. A commonExample of this concern is a scenario where an individual or company manages the money without any knowledge of criminal origin, which could lead to prosecution for money laundering in federal court.
In conclusion, the government must prove that someone knowingly did some act of transfer or funds, the proceeds of unlawful activity referred. The two commonly used statute in the federal courts, 18 USC § § 1956 and 1957, the list of specified unlawful activities,are the basis for federal money laundering. Money laundering, which is often used in pursuit of the Federation and is considered the perfect money laundering statute is 18 USC Section 1956, follows:
§ 1956th Laundering monetary instruments
(A)
(1) Who, knowing that the property involved in a financial transaction, the proceeds of some form of unlawful activity is or will attempt such a financial transaction is in fact the behaviorIncome from specific unlawful activity -
(A)
(I) with the intent to promote the exercise of that illegality or
(Ii) the intention, since the conditions for a violation of section 7201 or 7206 of the Internal Revenue Code of 1986, or
(B) know that the transaction in whole or in part, designed -
(I hide), or to conceal the nature, location, source, ownership or control of proceeds of specific unlawful activity;or
(Ii) avoid a transaction reporting requirement under state law or federal
will be sentenced to a fine of not more than $ 500,000 or twice the value of property in the area, whichever is greater, or imprisonment not exceeding twenty years, or both parties.
(2) Whoever transports, transmits, or transfers, or attempts to communicate, transmit or transfer a monetary instrument or funds from a place in the U.S. or from a place outside the UnitedStates or in a place in the United States from or through a place outside the United States -
(A) promote, with the intention of exercising that fault, or
(B) know that the monetary instrument or funds from the transportation, the transmission, or transfer represent the proceeds of some form of unlawful activity and knowing that such transportation, transmission, transfer, wholly or partly designed -
(I hide), or disguise the nature,Location, source, ownership or control of proceeds from illegal activities or specific
(Ii) avoid a transaction reporting requirement under state law or federal
is to pay a fine of not more than $ 500,000 or twice the value of the monetary instrument or funds for transportation, transmission, or transfer, whichever is greater, or imprisonment not exceeding twenty years, or both parties are condemned. For the purposes of the offense under subparagraph(B), the defendant, proof of knowledge can be established that a police officer represented the matter in paragraph (B) as true, show the defendant's subsequent statements or actions that the defendant considered these representations to be true.
(3) Whoever, with intent -
(A) promote the exercise of certain unlawful actions;
(B to hide) or disguise the nature, location, source, ownership or control of property believed to be theIncome from illegal activities or specific
(C) avoid a transaction reporting requirement under state law or federal
conducts or attempts a financial transaction represented the behavior of the property, used the proceeds of specific properties to facilitate illegal activities or conduct or illegal activities will be certain to indicate in this section a fine or by imprisonment not exceeding 20 years, or both . For the purposes of this paragraph and paragraph (2), the term "represented"each represented by a police officer or another person at the direction or with the approval of a federal officer authorized to establish or continue to violations of this section.
(B) Penalties .--
(A) In general .-- who operates or attempts to perform a transaction in paragraph (a) (1) or (a) (3) or § 1957, or a transportation, transmission to transmit, or behavior listed in paragraph (a) (2), is responsible to the United States for a civilPenalty not exceeding the greater of -
(A) the value of property, funds or money is involved in the transaction, or
(B) $ 10,000.
(Submitted 2) Jurisdiction over foreign persons for purposes of developing an application for an order or sentence .-- this section, the district court acquired jurisdiction of a foreign person, including any financial institution authorized under the laws of a country alien against whom the complaint will be applied whenservice process to the foreign person is under the federal rules of civil procedure or laws of the country where the foreign person is found or made, and -
(A) the alien commits an offense under paragraph (a) involving a financial transaction that occurs wholly or partly in the United States;
(B) the foreign person has turned to his own use, property in the United States has an interest in entering a confiscation order by aCourt of the United States, or
(C) the person is a foreign financial institution that maintains a bank account at a financial institution in the United States.
(3) Court authority over assets .-- A court referred to in paragraph (2) may issue a restraining order pending trial or any other measure necessary to ensure that any bank or other rights to hold the defendant, in the persons of the Member United is a satisfying verdict for this section.
(4) FederalRecipient .--
(A) In general .-- A court referred to in paragraph (2), a federal law to appoint receivers to collect under subparagraph (B) of this paragraph, marshal, and take custody, control and ownership of all assets of the meeting where they agreed to a civil court under this subsection, a forfeiture verdict under § 981 or 982, or a criminal conviction under § 1957 or subsection (a) of this section including an order of restitution to all victimsspecified in illegal activity.
(B) the appointment and authority .-- A Federal Receiver under subparagraph (A) -
(I) may be appointed at the request of a prosecutor or federal or state regulatory authority by the competent court for the defendant in the case;
(Ii) will be a court official, and the powers of the Federal Receiver shall act in accordance with Section 754 of Title 28, United States Code have been determined, and
(Iii) under equal conditionsa prosecutor for the purpose of submitting requests for information regarding the assets of the defendant -
(I) of the Financial Crimes Network running the Treasury Department, or
(II) from a foreign country under a mutual legal assistance treaty, a multilateral agreement or other arrangement for international law enforcement assistance, provided that such requests are consistent with the policies and procedures of attorneyGeneral.
(C) used in this section -
(1) The term "knowledge, that the ownership of a financial transaction involving the proceeds of some form of unlawful activity" shall mean that the person knew the property involved in the transaction represented proceeds of some form, though not necessarily form activity is a crime of state, federal or foreign, regardless of whether such activity to the point (7);
(2) The term"Live" includes initiating, concluding or participating in initiating or concluding a transaction;
(3) The term "transaction" includes a purchase, sale, loan, pledge, gift, transfer, deliver or otherwise dispose of, and in relation to a financial institution includes a deposit, Withdrawal, transfer between accounts, exchange of currency, loan, extension of credit - buying or selling stocks, bonds, certificates of deposit or other monetary instruments, use of safe, orpayment, transfer or delivery by, through, or a financial institution, by whatever means;
(4) The term financial transaction "
(A) a transaction in any way or degree affects interstate or foreign commerce
(I) in which the movement of funds by wire or other means or
(II) with one or more monetary instruments or
(Iii) the transfer of ownership of property, vehicles, ships, aircraft or
(B) aTransaction in connection with the use of a credit institution, which is involved in, or whose activities affect, interstate or foreign commerce or in any way degrees;
(5) The term "monetary instruments"
(I) coin or currency of the United States or any other country, travelers checks, personal checks and money orders, or
(Ii) investment securities or bearer securities or in any other form of legal entitlement to passportsDelivery;
(6) The term "financial institution" includes -
(A), a financial institution, as defined in section 5312 (a) (2) of Title 31, United States Code enacted or adopted in accordance with, and
(B) a foreign bank, as in section 1 of the International Banking Act of 1978 defined (12 USC 3101);
(7) The term "specified unlawful activity" -
(A) any act or activity is a criminal offense in section 1961 (a) of this title except an actactionable under subchapter II, chapter 53 of Title 31;
occur (B) compared to a financial transaction involving all or part of the United States, a violation of a foreign nation -
(I) the manufacture, importation, sale or distribution of a controlled substance (as, for the purposes of the controlled substances law is defined);
(Ii) murder, kidnapping, robbery, extortion, destruction of property by fire or explosion, or a crime ofViolence (as defined in paragraph 16);
(Iii) fraud, or any scheme or attempt to defraud, by or against a foreign bank (as defined in paragraph 7 of § 1 (b) defines the International Banking Act of 1978)) [1];
(Iv) bribery of a public official or misappropriation, theft or embezzlement of public funds by or for the benefit of a public official;
(V) smuggling or export control violations with -
(I) an United States Munitions List established producers controlledaccording to § 38 of the Arms Export Control Act (22 USC 2778), or
(II) a component under the regulations under the Export Administration Regulations (15 CFR Parts 730-774 controls), or
(There is) committed an offense in relation to the U.S. from a multilateral treaty, either to extradite the alleged offender or submit the case to the police if the offender in the territory of the United States were found;
(C) any act or acts that a continuouscriminal enterprise, as that term in § 408 of the controlled substances Act (21 USC defined, 848);
(D) an offense under § 32 (relating to destruction of aircraft), section 37 (relating to violence at international airports), section 115 (relating to influence, disability or retaliation against a federal official by threatening or injury of a family member), section 152 (relating to concealment of assets, false oaths and claims, bribery), § 175C (relating toVariola virus), section 215 (relating to commissions or gifts for the supply of loans), section 351 (relating to congressional or Cabinet officer assassination), one of sections 500 to 503 (for certain counterfeiting offenses), Section 513 ( false on government securities and private institutions), section 541 (relating to the property classified), section 542 (relating to entry of goods by false statements), section 545 (relating to smuggling of goods in the U.S.)Section 549 (relating to removal of goods from customs custody), section 641 (relating to public money, property or records), section 656 (relating to theft, misappropriation or misuse by the bank officer or employee) Section 657 (borrowed on loans, credit and insurance), section 658 (relating to real property or pledged to farm credit agencies), section 666 (relating to theft and bribery concerning programs, funds federal), section 793, 794 or 798 (relating toEspionage), 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 (about Interstate communications), section 922 (s) (relating to illegal importation of firearms), section 924 (n) to kill (in connection with weapons), section 956 (about the plot to kidnap maim, specific property or injurein a foreign country), section 1005 (relating to fraudulent bank entries), 1006 [2] (in relation to entries fraudulent Federal credit institution), 1007 [2] (relating to the Federal Deposit Insurance transactions), 1014 [2] (relating to fraudulent loan or credit applications), section 1030 (relating to the Computer Fraud and Abuse), 1032 [2] (relating to concealment of assets from conservator, receiver or liquidation of the financial agent) Section 1111 (relating to murder), Section 1114(In connection with the murder of U.S. law enforcement authorities), section 1116 (relating to murder of foreign officials, official guests, or internationally protected persons), section 1201 (relating to kidnapping person), section 1203 (relating to hostage taking), section 1361 (relating to malicious damage to public property), section 1363 (relating to destruction of property within the special maritime and territorial jurisdiction of the Organization), Section 1708 ( theft of mail), section 1751 (relating toPresidential 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 attacks against the United States to foreigners), 2332nd section (on the use of weapons of mass destructionDestruction), section 2332b (relating to international terrorist activities outside national boundaries), section 2332g (relating to missile systems designed to destroy aircraft), 2339A § 2332h (radiological dispersal devices in terms), separated or 2339B (some material support to terrorists) of this title, section 502 46 of Title 49, United States Code, an offense of violation of the diversion of chemicals and Trafficking Act of 1988 (relating to precursor and essentialChemicals), section 590 of the Tariff Act of 1930 (19 USC 1590) (in terms of air smuggling), section 422 of the controlled substances law (concerning the transport of paraphernalia), section 38 (c) (relating of criminal violations) of the Arms Export Control Act, section 11 (relating to violations) of the Export Administration Act of 1979, section 206 (relating to sanctions), the International Emergency Economic Powers Act, section 16 (relating to crimes andPunishment) of the Trading with the Enemy Act, a violation of offense of section 15 of the Food Stamp Act of 1977 (relating to food stamp fraud) with a lot of good with a value of not less than $ 5,000, a violation of § 543 (a) (1) of the Housing Act of 1949 (relating to equity skimming), a crime against the Foreign Agents Registration Act of 1938, a crime against the Foreign Corrupt Practices Act, Section 92 of the Atomic Energy Act of 1954 (42 USC 2122)(As regards the prohibition of nuclear weapons) [3] Environmental Crime
(E) a crime against the Federal Water Pollution Control Act (33 USC 1251 et seq), the Ocean Dumping Act (33 USC 1401 et seq) The Law on the Prevention of Pollution from Ships (33 USC 1901 et seq .) Safe Drinking Water Act (42 USC 300F et seq) or resource conservation and recovery act (42 USC 6901 et seq), or
(F) represents an action or activity of an offense a Federal Health Care offense;
(8) the term "State" includes a state of the United States, the District of Columbia and any community, territory or possession of the United States.
(D) The provisions of this section supersedes a provision of federal, state or other law imposing criminal penalties or affording civil remedies in addition to those in this section.
(E) Violations of this section may be studied by these components of the Department of Justice> attorney General to direct these components and the Treasury Department as Secretary of the Treasury may both directly and appropriately with respect to offenses over which the United States Postal Service has jurisdiction, by the Postal Service. The authority of the Secretary of the Treasury and the Postal Service, the Treasury shall be exercised in accordance with the Secretary of the contract, which must be entered by the Post, and the lawyerGeneral. Violation of this section offenses referred to in paragraph (c) (7) (E) The Attorney General may be investigated by such components of the Department of Justice may direct, and the National Center of Environmental Protection Agency enforcement investigations.
(Q) There is extraterritorial jurisdiction over the conduct of this section where prohibited -
(1) the behavior is a U.S. citizen or in case of non-citizens of the United States,Behavior occurs in the United States, and
(2) the transaction or series of related transactions includes funds or monetary instruments with a value of over $ 10,000.
(G) Notice of conviction of financial institutions .-- If a financial institution or officer, director or employee of any financial institution has been convicted of an offense under this section, § 1957 or 1960 of this title or section 5322 or 5324 of Title 31, the Attorney General arewritten notice of that fact to the competent supervisory authorities for the financial institution.
(H) Any person with a criminal offense in this section or section 1957 shall be defined as the penalties for the crime of the Commission, which was the object of the conspiracy plot to take prescribed.
(I) Venue .--
(A) Except as provided in paragraph (2), proceedings be brought for an offense under this section or section 1957 May -
(A) alldistrict in which the financial transaction or monetary or
(B) in a district where a prosecution could for the underlying illegal activity that will be brought when the defendant in the transfer of proceeds from criminal activities in that district to district, where the financial transaction is conducted or monetary.
(2) A prosecution for an attempt or conspiracy offense under this section or section 1957 may be brought in the districtPlace where the offense would be completed in paragraph (1), or in any other district where an act took place to promote the attempt or conspiracy.
(3) For the purposes of this section, a transfer of funds from 1 place to another, cable or other means to form a single transaction. Any person who drives (as that term is defined in subsection (c) (2)) any part of the transaction may in any district in which the transaction is calculatedinstead.
[1] So in original. The second closing parenthesis probably should not appear. [2] So in original. Probably should be 'section of the preface. [3] So in original. Probably should be followed by a semicolon.
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