2 LEGAL SYSTEM AND RELATED INSTITUTIONAL MEASURES
Laws and Regulations
2.1 Criminalization of Money Laundering (R.1 & 2)
2.1.1 Description and Analysis
Recommendation 1 (Criminalization of money laundering)
Federal Laws
124. The U.S. criminalized money laundering on 27 October 1986 (Title 18 USC 1956 and 1957, Money
Laundering Control Act of 1986, Pub. L. 99-570). Sections 1956 and 1957 criminalize four different
types of money laundering: (1) basic money laundering [1956(a)(1)]; (2) international money laundering
(where criminal proceeds are moved in or out of the U.S.) [s.1956(a)(2)]; (3) money laundering in the
context of an undercover "sting" case (where the money being laundered has been represented by a law
enforcement officer as being criminal proceeds) [s.1956(a)(3)]; and (4) knowingly spending greater than
USD 10,000 in criminal proceeds (s.1957). A five year statute of limitations applies to these offenses
(Title 18 USC 3282).
Basic money laundering provision: Laundering of monetary instruments [18 USC 1956(a)(1)]
125. The prosecution must prove the following five elements to obtain a conviction for this offense.
(a) Knowledge: The defendant knew that the property was the proceeds of some form of unlawful
activity. It is not necessary to establish which particular unlawful activity.24
(b) Intent: At the time of the transaction, the defendant acted with any one of the following four
specific intents: