PRIA, Government Policy, Made Personal

Summary

It is a crime to knowingly do or try to do a money transaction over $10,000 using money that came from certain crimes. If you are guilty, you can be fined, put in prison for up to ten years, or both. The court can instead fine you up to twice the amount of the criminal money involved. If the case involves a "pre-retail medical product" (see section 670), you get the punishment that section 670 calls for unless the ten-year penalty here is larger. The government does not have to prove you knew the original crime was one of the listed offenses. The rule applies to acts in the United States or to acts outside the United States by a U.S. person (with some limited exclusions). DOJ, Treasury, Homeland Security, and the Postal Service may investigate as their leaders direct, and Treasury, DHS, the Postal Service, and the Attorney General must agree on how Treasury, DHS, and the Postal Service will act. Simple definitions: "monetary transaction" = deposits, withdrawals, transfers, or exchanges through a bank that affect interstate or foreign commerce (it excludes actions needed to protect the right to a lawyer); "criminally derived property" = things or money from a crime; "specified unlawful activity" and "proceeds" = as defined in section 1956.

Title 18, §1957

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(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. If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this subsection is greater.

(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 Department of Homeland Security has jurisdiction, by such components of the Department of Homeland Security as the Secretary of Homeland Security may direct, 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, the Secretary of Homeland Security, and the Postal Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury, the Secretary of Homeland Security, 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 terms “specified unlawful activity” and “proceeds” shall have the meaning given those terms in section 1956 of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2012—Subsec. (b)(1). Pub. L. 112–186 inserted at end “If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this subsection is greater.” 2009—Subsec. (f)(3). Pub. L. 111–21 added par. (3) and struck out former par. (3) which read as follows: “the term ‘specified unlawful activity’ has the meaning given that term in section 1956 of this title.” 2006—Subsec. (e). Pub. L. 109–177 amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “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.” 1994—Subsec. (f)(1). Pub. L. 103–322, § 330020, and Pub. L. 103–325, § 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, § 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, §§ 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”.

§1957 Engaging in Monetary Transactions in Property Derived From Specified Unlawful Activity

Summary

Title 18, §1957

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata