TITLE 18 > PART I > CHAPTER 95 > § 1956
§ 1956. Laundering of monetary instruments
(a)
(1) Whoever, knowing that the property involved in a financial transaction represents
the proceeds of some form of unlawful activity, conducts or attempts to conduct such a
financial transaction which in fact involves the proceeds of specified unlawful activity—
(A)
(i) with the intent to promote the carrying on of specified unlawful activity; or
(ii) with intent to engage in conduct constituting a violation of section 7201 or
7206 of the Internal Revenue Code of 1986; or
(B) knowing that the transaction is designed in whole or in part—
(i) to conceal or disguise the nature, the location, the source, the ownership, or
the control of the proceeds of specified unlawful activity; or
(ii) to avoid a transaction reporting requirement under State or Federal law,
shall be sentenced to a fine of not more than $500,000 or twice the value of the
property involved in the transaction, whichever is greater, or imprisonment for not
more than twenty years, or both.
(2) Whoever transports, transmits, or transfers, or attempts to transport, transmit, or
transfer a monetary instrument or funds from a place in the United States to or through
a place outside the United States or to a place in the United States from or through a
place outside the United States—
(A) with the intent to promote the carrying on of specified unlawful activity; or
(B) knowing that the monetary instrument or funds involved in the transportation,
transmission, or transfer represent the proceeds of some form of unlawful activity
and knowing that such transportation, transmission, or transfer is designed in whole
or in part—
(i) to conceal or disguise the nature, the location, the source, the ownership, or
the control of the proceeds of specified unlawful activity; or
(ii) to avoid a transaction reporting requirement under State or Federal law,
shall be sentenced to a fine of not more than $500,000 or twice the value of the
monetary instrument or funds involved in the transportation, transmission, or
transfer, whichever is greater, or imprisonment for not more than twenty years, or
both. For the purpose of the offense described in subparagraph (B), the defendant’s
knowledge may be established by proof that a law enforcement officer represented
the matter specified in subparagraph (B) as true, and the defendant’s subsequent
statements or actions indicate that the defendant believed such representations to be
true.
(3) Whoever, with the intent—
(A) to promote the carrying on of specified unlawful activity;
(B) to conceal or disguise the nature, location, source, ownership, or control of
property believed to be the proceeds of specified unlawful activity; or
(C) to avoid a transaction reporting requirement under State or Federal law,
conducts or attempts to conduct a financial transaction involving property
represented to be the proceeds of specified unlawful activity, or property used to
conduct or facilitate specified unlawful activity, shall be fined under this title or
imprisoned for not more than 20 years, or both. For purposes of this paragraph and
paragraph (2), the term “represented” means any representation made by a law
enforcement officer or by another person at the direction of, or with the approval
of, a Federal official authorized to investigate or prosecute violations of this
section.
(b) Penalties.—
(1) In general.— Whoever conducts or attempts to conduct a transaction described in
subsection (a)(1) or (a)(3), or section 1957, or a transportation, transmission, or
transfer described in subsection (a)(2), is liable to the United States for a civil penalty
of not more than the greater of—
(A) the value of the property, funds, or monetary instruments involved in the
transaction; or
(B) $10,000.
(2) Jurisdiction over foreign persons.— For purposes of adjudicating an action filed or
enforcing a penalty ordered under this section, the district courts shall have jurisdiction
over any foreign person, including any financial institution authorized under the laws
of a foreign country, against whom the action is brought, if service of process upon the
foreign person is made under the Federal Rules of Civil Procedure or the laws of the
country in which the foreign person is found, and—
(A) the foreign person commits an offense under subsection (a) involving a
financial transaction that occurs in whole or in part in the United States;
(B) the foreign person converts, to his or her own use, property in which the United
States has an ownership interest by virtue of the entry of an order of forfeiture by a
court of the United States; or
(C) the foreign person is a financial institution that maintains a bank account at a
financial institution in the United States.
(3) Court authority over assets.— A court described in paragraph (2) may issue a
pretrial restraining order or take any other action necessary to ensure that any bank
account or other property held by the defendant in the United States is available to
satisfy a judgment under this section.
(4) Federal receiver.—
(A) In general.— A court described in paragraph (2) may appoint a Federal
Receiver, in accordance with subparagraph (B) of this paragraph, to collect,
marshal, and take custody, control, and possession of all assets of the defendant,
wherever located, to satisfy a civil judgment under this subsection, a forfeiture
judgment under section 981 or 982, or a criminal sentence under section 1957 or
subsection (a) of this section, including an order of restitution to any victim of a
specified unlawful activity.
(B) Appointment and authority.— A Federal Receiver described in subparagraph
(A)—
(i) may be appointed upon application of a Federal prosecutor or a Federal or
State regulator, by the court having jurisdiction over the defendant in the case;
(ii) shall be an officer of the court, and the powers of the Federal Receiver shall
include the powers set out in section 754 of title 28, United States Code; and
(iii) shall have standing equivalent to that of a Federal prosecutor for the
purpose of submitting requests to obtain information regarding the assets of the
defendant—
(I) from the Financial Crimes Enforcement Network of the Department of
the Treasury; or
(II) from a foreign country pursuant to a mutual legal assistance treaty,
multilateral agreement, or other arrangement for international law
enforcement assistance, provided that such requests are in accordance with
the policies and procedures of the Attorney General.
(c) As used in this section—
(1) the term “knowing that the property involved in a financial transaction represents
the proceeds of some form of unlawful activity” means that the person knew the
property involved in the transaction represented proceeds from some form, though not
necessarily which form, of activity that constitutes a felony under State, Federal, or
foreign law, regardless of whether or not such activity is specified in paragraph (7);
(2) the term “conducts” includes initiating, concluding, or participating in initiating, or
concluding a transaction;
(3) the term “transaction” includes a purchase, sale, loan, pledge, gift, transfer,
delivery, or other disposition, and with respect to a financial institution includes a
deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension
of credit, purchase or sale of any stock, bond, certificate of deposit, or other monetary
instrument, use of a safe deposit box, or any other payment, transfer, or delivery by,
through, or to a financial institution, by whatever means effected;
(4) the term “financial transaction” means
(A) a transaction which in any way or degree affects interstate or foreign commerce
(i) involving the movement of funds by wire or other means or
(ii) involving one or more monetary instruments, or
(iii) involving the transfer of title to any real property, vehicle, vessel, or
aircraft, or
(B) a transaction involving the use of a financial institution which is engaged in, or
the activities of which affect, interstate or foreign commerce in any way or degree;
(5) the term “monetary instruments” means
(i) coin or currency of the United States or of any other country, travelers’
checks, personal checks, bank checks, and money orders, or
(ii) investment securities or negotiable instruments, in bearer form or otherwise
in such form that title thereto passes upon delivery;
(6) the term “financial institution” includes—
(A) any financial institution, as defined in section 5312 (a)(2) of title 31, United
States Code, or the regulations promulgated thereunder; and
(B) any foreign bank, as defined in section 1 of the International Banking Act of
1978 (12 U.S.C. 3101);
(7) the term “specified unlawful activity” means—
(A) any act or activity constituting an offense listed in section 1961 (1) of this title
except an act which is indictable under subchapter II of chapter 53 of title 31;
(B) with respect to a financial transaction occurring in whole or in part in the
United States, an offense against a foreign nation involving—
(i) the manufacture, importation, sale, or distribution of a controlled substance
(as such term is defined for the purposes of the Controlled Substances Act);
(ii) murder, kidnapping, robbery, extortion, destruction of property by means of
explosive or fire, or a crime of violence (as defined in section 16);
(iii) fraud, or any scheme or attempt to defraud, by or against a foreign bank
(as defined in paragraph 7 of section 1(b) of the International Banking Act of
1978)); [1]
(iv) bribery of a public official, or the misappropriation, theft, or embezzlement
of public funds by or for the benefit of a public official;
(v) smuggling or export control violations involving—
(I) an item controlled on the United States Munitions List established under
section 38 of the Arms Export Control Act (22 U.S.C. 2778); or
(II) an item controlled under regulations un