Title 18 — Crimes and Criminal Procedure — § 1956. Laundering of monetary instruments
Summary
This is 18 U.S.C. § 1956, Laundering of monetary instruments, as printed on pages 473 to 480 of Title 18 of the United States Code with its notes. Subsection (a)(1) punishes a financial transaction with the proceeds of specified unlawful activity carried out to promote that activity, to evade taxes, to conceal the proceeds or to avoid a reporting requirement, by a fine of not more than $500,000 or twice the value of the property involved, whichever is greater, or imprisonment for not more than twenty years, or both. Other paragraphs cover moving funds into or out of the United States and transactions in property represented as proceeds by a law enforcement officer. Subsection (h) gives a conspirator the same penalties as the offense. The pages end with the start of § 1957.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
Page 473 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1956
Executive Documents strument or funds involved in the transpor-
TRANSFER OF FUNCTIONS tation, transmission, or transfer, whichever is
greater, or imprisonment for not more than
Offices of collector of customs, comptroller of cus-
toms, surveyor of customs, and appraiser of merchan-
twenty years, or both. For the purpose of the of-
dise in Bureau of Customs of Department of the Treas- fense described in subparagraph (B), the defend-
ury to which appointments were required to be made by ant’s knowledge may be established by proof
President with advice and consent of Senate ordered that a law enforcement officer represented the
abolished, with such offices to be terminated not later matter specified in subparagraph (B) as true,
than Dec. 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May and the defendant’s subsequent statements or
25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appen- actions indicate that the defendant believed
dix to Title 5, Government Organization and Employ- such representations to be true.
ees. Functions of offices eliminated were already vested
(3) Whoever, with the intent—
in Secretary of the Treasury by Reorg. Plan No. 26 of
1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out
(A) to promote the carrying on of specified
in the Appendix to Title 5. unlawful activity;
(B) to conceal or disguise the nature, loca-
§ 1956. Laundering of monetary instruments tion, source, ownership, or control of property
believed to be the proceeds of specified unlaw-
(a)(1) Whoever, knowing that the property in-
ful activity; or
volved in a financial transaction represents the
(C) to avoid a transaction reporting require-
proceeds of some form of unlawful activity, con-
ment under State or Federal law,
ducts or attempts to conduct such a financial
transaction which in fact involves the proceeds conducts or attempts to conduct a financial
of specified unlawful activity— transaction involving property represented to be
(A)(i) with the intent to promote the car- the proceeds of specified unlawful activity, or
rying on of specified unlawful activity; or property used to conduct or facilitate specified
(ii) with intent to engage in conduct consti- unlawful activity, shall be fined under this title
tuting a violation of section 7201 or 7206 of the or imprisoned for not more than 20 years, or
Internal Revenue Code of 1986; or both. For purposes of this paragraph and para-
(B) knowing that the transaction is designed graph (2), the term ‘‘represented’’ means any
in whole or in part— representation made by a law enforcement offi-
(i) to conceal or disguise the nature, the cer or by another person at the direction of, or
location, the source, the ownership, or the with the approval of, a Federal official author-
control of the proceeds of specified unlawful ized to investigate or prosecute violations of
activity; or this section.
(ii) to avoid a transaction reporting re- (b) PENALTIES.—
quirement under State or Federal law, (1) IN GENERAL.—Whoever conducts or at-
shall be sentenced to a fine of not more than tempts to conduct a transaction described in
$500,000 or twice the value of the property in- subsection (a)(1) or (a)(3), or section 1957, or a
volved in the transaction, whichever is greater, transportation, transmission, or transfer de-
or imprisonment for not more than twenty scribed in subsection (a)(2), is liable to the
years, or both. For purposes of this paragraph, a United States for a civil penalty of not more
financial transaction shall be considered to be than the greater of—
one involving the proceeds of specified unlawful (A) the value of the property, funds, or
activity if it is part of a set of parallel or de- monetary instruments involved in the trans-
pendent transactions, any one of which involves action; or
(B) $10,000.
the proceeds of specified unlawful activity, and
all of which are part of a single plan or arrange- (2) JURISDICTION OVER FOREIGN PERSONS.—For
ment. purposes of adjudicating an action filed or en-
(2) Whoever transports, transmits, or trans- forcing a penalty ordered under this section,
fers, or attempts to transport, transmit, or the district courts shall have jurisdiction over
transfer a monetary instrument or funds from a any foreign person, including any financial in-
place in the United States to or through a place stitution authorized under the laws of a for-
outside the United States or to a place in the eign country, against whom the action is
United States from or through a place outside brought, if service of process upon the foreign
the United States— person is made under the Federal Rules of
(A) with the intent to promote the carrying Civil Procedure or the laws of the country in
on of specified unlawful activity; or which the foreign person is found, and—
(B) knowing that the monetary instrument (A) the foreign person commits an offense
or funds involved in the transportation, trans- under subsection (a) involving a financial
mission, or transfer represent the proceeds of transaction that occurs in whole or in part
some form of unlawful activity and knowing in the United States;
that such transportation, transmission, or (B) the foreign person converts, to his or
transfer is designed in whole or in part— her own use, property in which the United
(i) to conceal or disguise the nature, the States has an ownership interest by virtue of
location, the source, the ownership, or the the entry of an order of forfeiture by a court
control of the proceeds of specified unlawful of the United States; or
activity; or (C) the foreign person is a financial insti-
(ii) to avoid a transaction reporting re- tution that maintains a bank account at a
quirement under State or Federal law, financial institution in the United States.
shall be sentenced to a fine of not more than (3) COURT AUTHORITY OVER ASSETS.—A court
$500,000 or twice the value of the monetary in- may issue a pretrial restraining order or take
§ 1956 TITLE 18—CRIMES AND CRIMINAL PROCEDURE Page 474
any other action necessary to ensure that any volving the movement of funds by wire or
bank account or other property held by the de- other means or (ii) involving one or more mon-
fendant in the United States is available to etary instruments, or (iii) involving the trans-
satisfy a judgment under this section. fer of title to any real property, vehicle, ves-
(4) FEDERAL RECEIVER.— sel, or aircraft, or (B) a transaction involving
(A) IN GENERAL.—A court may appoint a the use of a financial institution which is en-
Federal Receiver, in accordance with sub- gaged in, or the activities of which affect,
paragraph (B) of this paragraph, to collect, interstate or foreign commerce in any way or
marshal, and take custody, control, and pos- degree;
session of all assets of the defendant, wher- (5) the term ‘‘monetary instruments’’ means
ever located, to satisfy a civil judgment (i) coin or currency of the United States or of
under this subsection, a forfeiture judgment any other country, travelers’ checks, personal
under section 981 or 982, or a criminal sen- checks, bank checks, and money orders, or (ii)
tence under section 1957 or subsection (a) of investment securities or negotiable instru-
this section, including an order of restitu- ments, in bearer form or otherwise in such
tion to any victim of a specified unlawful ac- form that title thereto passes upon delivery;
tivity. (6) the term ‘‘financial institution’’ in-
(B) APPOINTMENT AND AUTHORITY.—A Fed- cludes—
eral Receiver described in subparagraph (A) any financial institution, as defined in
(A)— section 5312(a)(2) of title 31, United States
(i) may be appointed upon application of Code, or the regulations promulgated there-
a Federal prosecutor or a Federal or State under; and
regulator, by the court having jurisdiction (B) any foreign bank, as defined in section
over the defendant in the case; 1 of the International Banking Act of 1978 (12
(ii) shall be an officer of the court, and U.S.C. 3101);
the powers of the Federal Receiver shall
include the powers set out in section 754 of (7) the term ‘‘specified unlawful activity’’
title 28, United States Code; and means—
(iii) shall have standing equivalent to (A) any act or activity constituting an of-
that of a Federal prosecutor for the pur- fense listed in section 1961(1) of this title ex-
pose of submitting requests to obtain in- cept an act which is indictable under sub-
formation regarding the assets of the de- chapter II of chapter 53 of title 31;
fendant— (B) with respect to a financial transaction
(I) from the Financial Crimes Enforce- occurring in whole or in part in the United
ment Network of the Department of the States, an offense against a foreign nation
Treasury; or involving—
(II) from a foreign country pursuant to (i) the manufacture, importation, sale,
a mutual legal assistance treaty, multi- or distribution of a controlled substance
lateral agreement, or other arrangement (as such term is defined for the purposes of
for international law enforcement assist- the Controlled Substances Act);
ance, provided that such requests are in (ii) murder, kidnapping, robbery, extor-
accordance with the policies and proce- tion, destruction of property by means of
dures of the Attorney General. explosive or fire, or a crime of violence (as
defined in section 16);
(c) As used in this section— (iii) fraud, or any scheme or attempt to
(1) the term ‘‘knowing that the property in-
defraud, by or against a foreign bank (as
volved in a financial transaction represents
defined in paragraph 7 of section 1(b) of the
the proceeds of some form of unlawful activ-
International Banking Act of 1978)); 1
ity’’ means that the person knew the property
(iv) bribery of a public official, or the
involved in the transaction represented pro-
misappropriation, theft, or embezzlement
ceeds from some form, though not necessarily
of public funds by or for the benefit of a
which form, of activity that constitutes a fel-
public official;
ony under State, Federal, or foreign law, re- (v) smuggling or export control viola-
gardless of whether or not such activity is tions involving—
specified in paragraph (7); (I) an item controlled on the United
(2) the term ‘‘conducts’’ includes initiating,
States Munitions List established under
concluding, or participating in initiating, or
section 38 of the Arms Export Control
concluding a transaction;
(3) the term ‘‘transaction’’ includes a pur- Act (22 U.S.C. 2778); or
(II) an item controlled under regula-
chase, sale, loan, pledge, gift, transfer, deliv-
tions under the Export Administration
ery, or other disposition, and with respect to a
Regulations (15 C.F.R. Parts 730–774);
financial institution includes a deposit, with-
drawal, transfer between accounts, exchange (vi) an offense with respect to which the
of currency, loan, extension of credit, pur- United States would be obligated by a
chase or sale of any stock, bond, certificate of multilateral treaty, either to extradite the
deposit, or other monetary instrument, use of alleged offender or to submit the case for
a safe deposit box, or any other payment, prosecution, if the offender were found
transfer, or delivery by, through, or to a finan- within the territory of the United States;
cial institution, by whatever means effected; or
(4) the term ‘‘financial transaction’’ means
(A) a transaction which in any way or degree 1 So in original. The second closing parenthesis probably
affects interstate or foreign commerce (i) in- should not appear.
Page 475 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1956
(vii) trafficking in persons, selling or internationally protected persons), section
buying of children, sexual exploitation of 1201 (relating to kidnaping), section 1203 (re-
children, or transporting, recruiting or lating to hostage taking), section 1361 (relat-
harboring a person, including a child, for ing to willful injury of Government prop-
commercial sex acts; erty), section 1363 (relating to destruction of
(C) any act or acts constituting a con- property within the special maritime and
tinuing criminal enterprise, as that term is territorial jurisdiction), section 1708 (theft
defined in section 408 of the Controlled Sub- from the mail), section 1751 (relating to
stances Act (21 U.S.C. 848); Presidential assassination), section 2113 or
(D) an offense under section 32 (relating to 2114 (relating to bank and postal robbery and
the destruction of aircraft), section 37 (relat- theft), section 2252A (relating to child por-
ing to violence at international airports), nography) where the child pornography con-
section 115 (relating to influencing, imped- tains a visual depiction of an actual minor
ing, or retaliating against a Federal official engaging in sexually explicit conduct, sec-
by threatening or injuring a family mem- tion 2260 (production of certain child pornog-
ber), section 152 (relating to concealment of raphy for importation into the United
assets; false oaths and claims; bribery), sec- States), section 2280 (relating to violence
tion 175c (relating to the variola virus), sec- against maritime navigation), section 2281
tion 215 (relating to commissions or gifts for (relating to violence against maritime fixed
procuring loans), section 351 (relating to platforms), section 2319 (relating to copy-
congressional or Cabinet officer assassina- right infringement), section 2320 (relating to
tion), any of sections 500 through 503 (relat- trafficking in counterfeit goods and serv-
ing to certain counterfeiting offenses), sec- ices), section 2332 (relating to terrorist acts
tion 513 (relating to securities of States and abroad against United States nationals), sec-
private entities), section 541 (relating to tion 2332a (relating to use of weapons of
goods falsely classified), section 542 (relating mass destruction), section 2332b (relating to
to entry of goods by means of false state- international terrorist acts transcending na-
ments), section 545 (relating to smuggling tional boundaries), section 2332g (relating to
goods into the United States), section 549 missile systems designed to destroy air-
(relating to removing goods from Customs craft), section 2332h (relating to radiological
custody), section 554 (relating to smuggling dispersal devices), section 2339A or 2339B (re-
goods from the United States), section 555 lating to providing material support to ter-
(relating to border tunnels), section 641 (re- rorists), section 2339C (relating to financing
lating to public money, property, or of terrorism), or section 2339D (relating to
records), section 656 (relating to theft, em- receiving military-type training from a for-
bezzlement, or misapplication by bank offi- eign terrorist organization) of this title, sec-
cer or employee), section 657 (relating to tion 46502 of title 49, United States Code, a
lending, credit, and insurance institutions), felony violation of the Chemical Diversion
section 658 (relating to property mortgaged and Trafficking Act of 1988 (relating to pre-
or pledged to farm credit agencies), section cursor and essential chemicals), section 590
666 (relating to theft or bribery concerning of the Tariff Act of 1930 (19 U.S.C. 1590) (re-
programs receiving Federal funds), section
lating to aviation smuggling), section 422 of
793, 794, or 798 (relating to espionage), sec-
the Controlled Substances Act (relating to
tion 831 (relating to prohibited transactions
transportation of drug paraphernalia), sec-
involving nuclear materials), section 844(f)
tion 38(c) (relating to criminal violations) of
or (i) (relating to destruction by explosives
the Arms Export Control Act, section 11 3
or fire of Government property or property
(relating to violations) of the Export Admin-
affecting interstate or foreign commerce),
section 875 (relating to interstate commu- istration Act of 1979, section 206 (relating to
nications), section 922(l) (relating to the un- penalties) of the International Emergency
lawful importation of firearms), section Economic Powers Act, section 16 (relating to
924(n), 932, or 933 (relating to firearms traf- offenses and punishment) of the Trading
ficking), section 956 (relating to conspiracy with the Enemy Act, any felony violation of
to kill, kidnap, maim, or injure certain prop- section 15 of the Food and Nutrition Act of
erty in a foreign country), section 1005 (re- 2008 (relating to supplemental nutrition as-
lating to fraudulent bank entries), 1006 2 (re- sistance program benefits fraud) involving a
lating to fraudulent Federal credit institu- quantity of benefits having a value of not
tion entries), 1007 2 (relating to Federal De- less than $5,000, any violation of section
posit Insurance transactions), 1014 2 (relating 543(a)(1) of the Housing Act of 1949 (relating
to fraudulent loan or credit applications), to equity skimming), any felony violation of
section 1030 (relating to computer fraud and the Foreign Agents Registration Act of 1938,
abuse), 1032 2 (relating to concealment of as- any felony violation of the Foreign Corrupt
sets from conservator, receiver, or liqui- Practices Act, section 92 of the Atomic En-
dating agent of financial institution), sec- ergy Act of 1954 (42 U.S.C. 2122) (relating to
tion 1111 (relating to murder), section 1114 prohibitions governing atomic weapons), or
(relating to murder of United States law en- section 104(a) of the North Korea Sanctions
forcement officials), section 1116 (relating to Enforcement Act of 2016 3 (relating to prohib-
murder of foreign officials, official guests, or ited activities with respect to North Korea);
2 So in original. Probably should be preceded by ‘‘section’’. 3 See References in Text note below.
§ 1956 TITLE 18—CRIMES AND CRIMINAL PROCEDURE Page 476
ENVIRONMENTAL CRIMES (2) the transaction or series of related trans-
actions involves funds or monetary instru-
(E) a felony violation of the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.), ments of a value exceeding $10,000.
the Ocean Dumping Act (33 U.S.C. 1401 et (g) NOTICE OF CONVICTION OF FINANCIAL INSTI-
seq.), the Act to Prevent Pollution from TUTIONS.—If any financial institution or any of-
Ships (33 U.S.C. 1901 et seq.), the Safe Drink- ficer, director, or employee of any financial in-
ing Water Act (42 U.S.C. 300f et seq.), or the stitution has been found guilty of an offense
Resources Conservation and Recovery Act under this section, section 1957 or 1960 of this
(42 U.S.C. 6901 et seq.); title, or section 5322 or 5324 of title 31, the Attor-
(F) any act or activity constituting an of- ney General shall provide written notice of such
fense involving a Federal health care of- fact to the appropriate regulatory agency for
fense; or the financial institution.
(G) any act that is a criminal violation of (h) Any person who conspires to commit any
subparagraph (A), (B), (C), (D), (E), or (F) of offense defined in this section or section 1957
paragraph (1) of section 9(a) of the Endan- shall be subject to the same penalties as those
gered Species Act of 1973 (16 U.S.C. prescribed for the offense the commission of
1538(a)(1)), section 2203 of the African Ele- which was the object of the conspiracy.
phant Conservation Act (16 U.S.C. 4223), or (i) VENUE.—(1) Except as provided in para-
section 7(a) of the Rhinoceros and Tiger Con- graph (2), a prosecution for an offense under this
servation Act of 1994 (16 U.S.C. 5305a(a)), if section or section 1957 may be brought in—
the endangered or threatened species of fish (A) any district in which the financial or
or wildlife, products, items, or substances monetary transaction is conducted; or
involved in the violation and relevant con- (B) any district where a prosecution for the
duct, as applicable, have a total value of underlying specified unlawful activity could
more than $10,000; be brought, if the defendant participated in
(8) the term ‘‘State’’ includes a State of the the transfer of the proceeds of the specified
United States, the District of Columbia, and unlawful activity from that district to the dis-
any commonwealth, territory, or possession of trict where the financial or monetary trans-
the United States; and action is conducted.
(9) the term ‘‘proceeds’’ means any property (2) A prosecution for an attempt or conspiracy
derived from or obtained or retained, directly offense under this section or section 1957 may be
or indirectly, through some form of unlawful brought in the district where venue would lie for
activity, including the gross receipts of such the completed offense under paragraph (1), or in
activity. any other district where an act in furtherance of
(d) Nothing in this section shall supersede any the attempt or conspiracy took place.
provision of Federal, State, or other law impos- (3) For purposes of this section, a transfer of
ing criminal penalties or affording civil rem- funds from 1 place to another, by wire or any
edies in addition to those provided for in this other means, shall constitute a single, con-
section. tinuing transaction. Any person who conducts
(e) Violations of this section may be inves- (as that term is defined in subsection (c)(2)) any
tigated by such components of the Department portion of the transaction may be charged in
of Justice as the Attorney General may direct, any district in which the transaction takes
and by such components of the Department of place.
the Treasury as the Secretary of the Treasury (j) SEVEN-YEAR LIMITATION.—Notwithstanding
may direct, as appropriate, and, with respect to section 3282, no person shall be prosecuted, tried,
offenses over which the Department of Home- or punished for a violation of this section or sec-
land Security has jurisdiction, by such compo- tion 1957 if the specified unlawful activity con-
nents of the Department of Homeland Security stituting the violation is the activity defined in
as the Secretary of Homeland Security may di- subsection (c)(7)(B) of this section, unless the in-
rect, and, with respect to offenses over which dictment is found or the information is insti-
the United States Postal Service has jurisdic- tuted not later than 7 years after the date on
tion, by the Postal Service. Such authority of which the offense was committed.
the Secretary of the Treasury, the Secretary of
Homeland Security, and the Postal Service shall (Added Pub. L. 99–570, title I, § 1352(a), Oct. 27,
be exercised in accordance with an agreement 1986, 100 Stat. 3207–18; amended Pub. L. 100–690,
which shall be entered into by the Secretary of title VI, §§ 6183, 6465, 6466, 6469(a)(1), 6471(a), (b),
the Treasury, the Secretary of Homeland Secu- title VII, § 7031, Nov. 18, 1988, 102 Stat. 4354, 4375,
rity, the Postal Service, and the Attorney Gen- 4377, 4378, 4398; Pub. L. 101–647, title I, §§ 105–108,
eral. Violations of this section involving of- title XII, § 1205(j), title XIV, §§ 1402, 1404, title
fenses described in paragraph (c)(7)(E) may be XXV, § 2506, title XXXV, § 3557, Nov. 29, 1990, 104
investigated by such components of the Depart- Stat. 4791, 4792, 4831, 4835, 4862, 4927; Pub. L.
ment of Justice as the Attorney General may di- 102–550, title XV, §§ 1504(c), 1524, 1526(a), 1527(a),
rect, and the National Enforcement Investiga- 1530, 1531, 1534, 1536, Oct. 28, 1992, 106 Stat. 4055,
tions Center of the Environmental Protection 4064–4067; Pub. L. 103–322, title XXXII, § 320104(b),
Agency. title XXXIII, §§ 330008(2), 330011(l), 330012, 330019,
(f) There is extraterritorial jurisdiction over 330021(1), Sept. 13, 1994, 108 Stat. 2111, 2142, 2145,
the conduct prohibited by this section if— 2146, 2149, 2150; Pub. L. 103–325, title IV,
(1) the conduct is by a United States citizen §§ 411(c)(2)(E), 413(c)(1), (d), Sept. 23, 1994, 108
or, in the case of a non-United States citizen, Stat. 2253–2255; Pub. L. 104–132, title VII, § 726,
the conduct occurs in part in the United Apr. 24, 1996, 110 Stat. 1301; Pub. L. 104–191, title
States; and II, § 246, Aug. 21, 1996, 110 Stat. 2018; Pub. L.
Page 477 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1956
104–294, title VI, §§ 601(f)(6), 604(b)(38), Oct. 11, Stat. 631, which is classified generally to subchapter II
1996, 110 Stat. 3499, 3509; Pub. L. 106–569, title (§ 611 et seq.) of chapter 11 of Title 22, Foreign Rela-
VII, § 709(a), Dec. 27, 2000, 114 Stat. 3018; Pub. L. tions and Intercourse. For complete classification of
this Act to the Code, see Short Title note set out under
107–56, title III, §§ 315, 317, 318, 376, title VIII,
section 611 of Title 22 and Tables.
§ 805(b), title X, § 1004, Oct. 26, 2001, 115 Stat. 308, The Foreign Corrupt Practices Act, referred to in
310, 311, 342, 378, 392; Pub. L. 107–273, div. B, title subsec. (c)(7)(D), probably means the Foreign Corrupt
IV, §§ 4002(a)(11), (b)(5), (c)(2), 4005(d)(1), (e), Nov. Practices Act of 1977, title I of Pub. L. 95–213, Dec. 19,
2, 2002, 116 Stat. 1807, 1809, 1812, 1813; Pub. L. 1977, 91 Stat. 1494, which enacted sections 78dd–1 to
108–458, title VI, § 6909, Dec. 17, 2004, 118 Stat. 78dd–3 of Title 15, Commerce and Trade, and amended
3774; Pub. L. 109–164, title I, § 103(b), Jan. 10, 2006, sections 78m and 78ff of Title 15. For complete classi-
119 Stat. 3563; Pub. L. 109–177, title III, § 311(c), fication of this Act to the Code, see Short Title of 1977
Amendment note set out under section 78a of Title 15
title IV, §§ 403(b), (c)(1), 405, 406(a)(2), 409, Mar. 9, and Tables.
2006, 120 Stat. 242–244, 246; Pub. L. 110–234, title Section 104(a) of the North Korea Sanctions Enforce-
IV, §§ 4002(b)(1)(B), (D), (2)(M), 4115(c)(1)(A)(i), ment Act of 2016, referred to in subsec. (c)(7)(D), prob-
(B)(ii), May 22, 2008, 122 Stat. 1096, 1097, 1109; ably means section 104(a) of the North Korea Sanctions
Pub. L. 110–246, § 4(a), title IV, §§ 4002(b)(1)(B), and Policy Enhancement Act of 2016, which is classified
(D), (2)(M), 4115(c)(1)(A)(i), (B)(ii), June 18, 2008, to section 9214(a) of Title 22, Foreign Relations and
122 Stat. 1664, 1857, 1858, 1870; Pub. L. 110–358, Intercourse.
The Federal Water Pollution Control Act, referred to
title II, § 202, Oct. 8, 2008, 122 Stat. 4003; Pub. L. in subsec. (c)(7)(E), is act June 30, 1948, ch. 758, as
111–21, § 2(f)(1), May 20, 2009, 123 Stat. 1618; Pub. amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86
L. 112–127, § 6, June 5, 2012, 126 Stat. 371; Pub. L. Stat. 816, which is classified generally to chapter 26
114–122, title I, § 105(c), Feb. 18, 2016, 130 Stat. 101; (§ 1251 et seq.) of Title 33, Navigation and Navigable Wa-
Pub. L. 114–231, title V, § 502, Oct. 7, 2016, 130 ters. For complete classification of this Act to the
Stat. 956; Pub. L. 117–159, div. A, title II, Code, see Short Title note set out under section 1251 of
§ 12004(a)(4), June 25, 2022, 136 Stat. 1328; Pub. L. Title 33 and Tables.
The Ocean Dumping Act, referred to in subsec.
117–263, div. E, title LIX, § 5904(a), Dec. 23, 2022,
(c)(7)(E), probably means title I of the Marine Protec-
136 Stat. 3441.) tion, Research, and Sanctuaries Act of 1972, Pub. L.
92–532, Oct. 23, 1972, 86 Stat. 1053, which is classified
Editorial Notes generally to subchapter I (§ 1411 et seq.) of chapter 27 of
REFERENCES IN TEXT Title 33. For complete classification of title I to the
Code, see Tables.
Sections 7201 and 7206 of the Internal Revenue Code of The Act to Prevent Pollution from Ships, referred to
1986, referred to in subsec. (a)(1)(A)(ii), are classified, in subsec. (c)(7)(E), is Pub. L. 96–478, Oct. 21, 1980, 94
respectively, to sections 7201 and 7206 of Title 26, Inter- Stat. 2297, which is classified principally to chapter 33
nal Revenue Code. (§ 1901 et seq.) of Title 33. For complete classification of
The Federal Rules of Civil Procedure, referred to in this Act to the Code, see Short Title note set out under
subsec. (b)(2), are set out in the Appendix to Title 28, section 1901 of Title 33 and Tables.
Judiciary and Judicial Procedure. The Safe Drinking Water Act, referred to in subsec.
The Controlled Substances Act, referred to in subsec. (c)(7)(E), is title XIV of act July 1, 1944, as added Dec.
(c)(7)(B)(i), (D), is title II of Pub. L. 91–513, Oct. 27, 1970, 16, 1974, Pub. L. 93–523, § 2(a), 88 Stat. 1660, which is clas-
84 Stat. 1242, which is classified principally to sub- sified generally to subchapter XII (§ 300f et seq.) of
chapter I (§ 801 et seq.) of chapter 13 of Title 21, Food chapter 6A of Title 42, The Public Health and Welfare.
and Drugs. Section 422 of the Act is classified to section For complete classification of this Act to the Code, see
863 of Title 21. For complete classification of this Act Short Title note set out under section 201 of Title 42
to the Code, see Short Title note set out under section and Tables.
801 of Title 21 and Tables. The Resources Conservation and Recovery Act, re-
The Chemical Diversion and Trafficking Act of 1988, ferred to in subsec. (c)(7)(E), probably means the Re-
referred to in subsec. (c)(7)(D), is subtitle A (§ 6051–6061) source Conservation and Recovery Act of 1976, Pub. L.
of title VI of Pub. L. 100–690, Nov. 18, 1988, 102 Stat. 4312. 94–580, Oct. 21, 1976, 90 Stat. 2796, which is classified
For complete classification of subtitle A to the Code, generally to chapter 82 (§ 6901 et seq.) of Title 42. For
see Short Title of 1988 Amendment note set out under complete classification of this Act to the Code, see
section 801 of Title 21, Food and Drugs, and Tables. Short Title of 1976 Amendment note set out under sec-
Section 38(c) of the Arms Export Control Act, re- tion 6901 of Title 42 and Tables.
ferred to in subsec. (c)(7)(D), is classified to section
2778(c) of Title 22, Foreign Relations and Intercourse. CODIFICATION
Section 11 of the Export Administration Act of 1979, Pub. L. 110–234 and Pub. L. 110–246 made identical
referred to in subsec. (c)(7)(D), was classified to section amendments to this section. The amendments by Pub.
4610 of Title 50, War and National Defense, prior to re- L. 110–234 were repealed by section 4(a) of Pub. L.
peal by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 110–246.
13, 2018, 132 Stat. 2232. Provisions relating to penalties
are covered generally in section 4819 of Title 50, as en- AMENDMENTS
acted by Pub. L. 115–232. 2022—Subsec. (c)(7)(D). Pub. L. 117–159 substituted
Section 206 of the International Emergency Economic ‘‘section 924(n), 932, or 933’’ for ‘‘section 924(n)’’.
Powers Act, referred to in subsec. (c)(7)(D), is classified Subsec. (j). Pub. L. 117–263 added subsec. (j).
to section 1705 of Title 50. 2016—Subsec. (c)(7)(D). Pub. L. 114–122 substituted
Section 16 of the Trading with the Enemy Act, re- ‘‘section 92 of’’ for ‘‘or section 92 of’’ and inserted at
ferred to in subsec. (c)(7)(D), is classified to section 4315 end ‘‘, or section 104(a) of the North Korea Sanctions
of Title 50. Enforcement Act of 2016 (relating to prohibited activi-
Section 15 of the Food and Nutrition Act of 2008, re- ties with respect to North Korea);’’.
ferred to in subsec. (c)(7)(D), is classified to section 2024 Subsec. (c)(7)(G). Pub. L. 114–231 added subpar. (G).
of Title 7, Agriculture. 2012—Subsec. (c)(7)(D). Pub. L. 112–127 inserted ‘‘sec-
Section 543(a)(1) of the Housing Act of 1949, referred tion 555 (relating to border tunnels),’’ after ‘‘section 554
to in subsec. (c)(7)(D), is classified to section 1490s(a)(1) (relating to smuggling goods from the United States),’’.
of Title 42, The Public Health and Welfare. 2009—Subsec. (c)(9). Pub. L. 111–21 added par. (9).
The Foreign Agents Registration Act of 1938, referred 2008—Subsec. (c)(7)(D). Pub. L. 110–358 inserted ‘‘sec-
to in subsec. (c)(7)(D), is act June 8, 1938, ch. 327, 52 tion 2252A (relating to child pornography) where the
§ 1956 TITLE 18—CRIMES AND CRIMINAL PROCEDURE Page 478
child pornography contains a visual depiction of an ac- Subsec. (c)(7)(E). Pub. L. 107–273, § 4002(b)(5)(C), sub-
tual minor engaging in sexually explicit conduct, sec- stituted ‘‘; or’’ for period at end.
tion 2260 (production of certain child pornography for Subsec. (c)(7)(F). Pub. L. 107–273, § 4002(b)(5)(D), sub-
importation into the United States),’’ before ‘‘section stituted ‘‘any’’ for ‘‘Any’’ and semicolon for period at
2280’’. end.
Pub. L. 110–246, § 4115(c)(1)(A)(i), (B)(ii), substituted 2001—Subsec. (b). Pub. L. 107–56, § 317, inserted subsec.
‘‘benefits’’ for ‘‘coupons’’. heading, designated existing provisions as par. (1), in-
Pub. L. 110–246, § 4002(b)(1)(B), (D), (2)(M), substituted serted heading and inserted ‘‘, or section 1957’’ after
‘‘Food and Nutrition Act of 2008’’ for ‘‘Food Stamp Act ‘‘or (a)(3)’’ in introductory provisions, redesignated
of 1977’’ and ‘‘supplemental nutrition assistance pro- former pars. (1) and (2) as subpars. (A) and (B), respec-
gram benefits’’ for ‘‘food stamp’’. tively, of par. (1), realigned margins, and added pars. (2)
2006—Subsec. (a)(1). Pub. L. 109–177, § 405, inserted last to (4).
sentence. Subsec. (c)(6). Pub. L. 107–56, § 318, added par. (6) and
Subsec. (b)(3), (4)(A). Pub. L. 109–177, § 406(a)(2), struck struck out former par. (6) which read as follows: ‘‘the
out ‘‘described in paragraph (2)’’ after ‘‘A court’’. term ‘financial institution’ has the definition given
Subsec. (c)(7)(B)(vii). Pub. L. 109–164 added cl. (vii).
Subsec. (c)(7)(D). Pub. L. 109–177, § 409, inserted that term in section 5312(a)(2) of title 31, United States
‘‘, section 2339C (relating to financing of terrorism), or Code, or the regulations promulgated thereunder;’’.
section 2339D (relating to receiving military-type train- Subsec. (c)(7)(B). Pub. L. 107–56, § 315(1), substituted
ing from a foreign terrorist organization)’’ after ‘‘sec- ‘‘destruction of property by means of explosive or fire,
tion 2339A or 2339B (relating to providing material sup- or a crime of violence (as defined in section 16)’’ for ‘‘or
port to terrorists)’’ and struck out ‘‘or’’ before ‘‘section destruction of property by means of explosive or fire’’
2339A or 2339B’’. in cl. (ii), inserted a closing parenthesis after ‘‘1978’’ in
Pub. L. 109–177, § 403(b), which directed amendment of cl. (iii), and added cls. (iv) to (vi).
subsec. (c)(7)(D) by substituting ‘‘any felony violation Subsec. (c)(7)(D). Pub. L. 107–56, § 376, inserted ‘‘or
of the Foreign Corrupt Practices Act’’ for ‘‘or any fel- 2339B’’ after ‘‘2339A’’. Pub. L. 107–56, § 805(b), which
ony violation of the Foreign Corrupt Practices Act’’, amended subpar. (D) identically, was repealed by Pub.
could not be executed because of the amendment by L. 107–273, § 4005(e).
Pub. L. 108–458, § 6909(3). See 2004 Amendment note Pub. L. 107–56, § 315(2), inserted ‘‘section 541 (relating
below. to goods falsely classified),’’ before ‘‘section 542’’, ‘‘sec-
Pub. L. 109–177, § 311(c), inserted ‘‘section 554 (relating tion 922(l) (relating to the unlawful importation of fire-
to smuggling goods from the United States),’’ before arms), section 924(n) (relating to firearms trafficking),’’
‘‘section 641 (relating to public money, property, or before ‘‘section 956’’, ‘‘section 1030 (relating to com-
records),’’. puter fraud and abuse),’’ before ‘‘1032’’, and ‘‘any felony
Subsec. (e). Pub. L. 109–177, § 403(c)(1), amended sub- violation of the Foreign Agents Registration Act of
sec. (e) generally. Prior to amendment, subsec. (e) read 1938,’’ before ‘‘or any felony violation of the Foreign
as follows: ‘‘Violations of this section may be inves- Corrupt Practices Act’’.
tigated by such components of the Department of Jus- Subsec. (i). Pub. L. 107–56, § 1004, added subsec. (i).
tice as the Attorney General may direct, and by such 2000—Subsec. (c)(7)(D). Pub. L. 106–569 inserted ‘‘any
components of the Department of the Treasury as the violation of section 543(a)(1) of the Housing Act of 1949
Secretary of the Treasury may direct, as appropriate (relating to equity skimming),’’ after ‘‘coupons having
and, with respect to offenses over which the United a value of not less than $5,000,’’.
States Postal Service has jurisdiction, by the Postal 1996—Subsec. (c)(7)(B)(ii). Pub. L. 104–132, § 726(1),
Service. Such authority of the Secretary of the Treas- amended cl. (ii) generally. Prior to amendment, cl. (ii)
ury and the Postal Service shall be exercised in accord- read as follows: ‘‘kidnapping, robbery, or extortion;
ance with an agreement which shall be entered into by or’’.
the Secretary of the Treasury, the Postal Service, and Subsec. (c)(7)(B)(iii). Pub. L. 104–294, § 601(f)(6), struck
the Attorney General. Violations of this section involv- out one closing parenthesis after ‘‘1978’’.
ing offenses described in paragraph (c)(7)(E) may be in- Subsec. (c)(7)(D). Pub. L. 104–294, § 604(b)(38), amended
vestigated by such components of the Department of directory language of Pub. L. 103–322, § 320104(b). See
Justice as the Attorney General may direct, and the 1994 Amendment note below.
National Enforcement Investigations Center of the En- Pub. L. 104–132, § 726(2), as amended by Pub. L. 107–273,
vironmental Protection Agency.’’ § 4002(a)(11), inserted ‘‘section 32 (relating to the de-
2004—Subsec. (c)(7)(D). Pub. L. 108–458, § 6909(3), struction of aircraft), section 37 (relating to violence at
struck out ‘‘or’’ after ‘‘any felony violation of the For- international airports), section 115 (relating to influ-
eign Agents Registration Act of 1938,’’ and substituted encing, impeding, or retaliating against a Federal offi-
‘‘, or section 92 of the Atomic Energy Act of 1954 (42 cial by threatening or injuring a family member),’’
U.S.C. 2122) (relating to prohibitions governing atomic after ‘‘an offense under’’, ‘‘section 351 (relating to con-
weapons)’’ for semicolon at end. gressional or Cabinet officer assassination),’’ after
Pub. L. 108–458, § 6909(2), which directed the insertion ‘‘section 215 (relating to commissions or gifts for pro-
of ‘‘section 2332g (relating to missile systems designed curing loans),’’, ‘‘section 831 (relating to prohibited
to destroy aircraft), section 2332h (relating to radio- transactions involving nuclear materials), section 844(f)
logical dispersal devices),’’ after ‘‘section 2332(b) (relat- or (i) (relating to destruction by explosives or fire of
ing to international terrorist acts transcending na- Government property or property affecting interstate
tional boundaries),’’ was executed by making the inser- or foreign commerce),’’ after ‘‘798 (relating to espio-
tion after text which contained the words ‘‘section nage),’’, ‘‘section 956 (relating to conspiracy to kill,
2332b’’ rather than ‘‘section 2332(b)’’, to reflect the kidnap, maim, or injure certain property in a foreign
probable intent of Congress. country),’’ after ‘‘section 875 (relating to interstate
Pub. L. 108–458, § 6909(1), inserted ‘‘section 175c (relat- communications),’’, ‘‘section 1111 (relating to murder),
ing to the variola virus),’’ before ‘‘section 215’’. section 1114 (relating to murder of United States law
2002—Subsec. (c)(6)(B). Pub. L. 107–273, § 4005(d)(1), enforcement officials), section 1116 (relating to murder
substituted semicolon for period at end.
of foreign officials, official guests, or internationally
Subsec. (c)(7)(B)(ii). Pub. L. 107–273, § 4002(b)(5)(A), re-
protected persons),’’ after ‘‘1032 (relating to conceal-
aligned margins.
Subsec. (c)(7)(D). Pub. L. 107–273, § 4005(e), repealed ment of assets from conservator, receiver, or liqui-
Pub. L. 107–56, § 805(b). See 2001 Amendment note below. dating agent of financial institution),’’, ‘‘section 1361
Pub. L. 107–273, § 4002(c)(2), substituted ‘‘services),’’ (relating to willful injury of Government property),
for ‘‘services),,’’ and ‘‘Code,’’ for ‘‘Code,,’’. section 1363 (relating to destruction of property within
Pub. L. 107–273, § 4002(b)(5)(B), struck out ‘‘or’’ at end. the special maritime and territorial jurisdiction),’’
Pub. L. 107–273, § 4002(a)(11), made technical correc- after ‘‘section 1203 (relating to hostage taking),’’, ‘‘sec-
tions to directory language of Pub. L. 104–132, § 726(2). tion 1751 (relating to Presidential assassination),’’ after
See 1996 Amendment note below. ‘‘1708 (theft from the mail),’’, ‘‘section 2280 (relating to
Page 479 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1956
violence against maritime navigation), section 2281 (re- Subsec. (c)(6). Pub. L. 102–550, § 1526(a), substituted
lating to violence against maritime fixed platforms),’’ ‘‘or the regulations’’ for ‘‘and the regulations’’.
after ‘‘2114 (relating to bank and postal robbery and Subsec. (c)(7)(B). Pub. L. 102–550, § 1536, designated
theft),’’, and substituted ‘‘section 2320’’ for ‘‘or section part of existing provisions as cl. (i) and added cls. (ii)
2320’’ and ‘‘, section 2332 (relating to terrorist acts and (iii).
abroad against United States nationals), section 2332a Subsec. (c)(7)(D). Pub. L. 102–550, §§ 1524, 1534(1), (2),
(relating to use of weapons of mass destruction), sec- struck out ‘‘1341 (relating to mail fraud) or section 1343
tion 2332b (relating to international terrorist acts tran- (relating to wire fraud) affecting a financial institu-
scending national boundaries), or section 2339A (relat- tion, section 1344 (relating to bank fraud),’’ after ‘‘hos-
ing to providing material support to terrorists) of this tage taking),’’, inserted ‘‘section 1708 (theft from the
title, section 46502 of title 49, United States Code,’’ for mail),’’ before ‘‘section 2113’’, substituted ‘‘section 422
‘‘of this title’’. of the Controlled Substances Act’’ for ‘‘section 1822 of
Subsec. (c)(7)(F). Pub. L. 104–191 added subpar. (F). the Mail Order Drug Paraphernalia Control Act (100
1994—Subsec. (a)(2). Pub. L. 103–325, § 413(c)(1)(A)(ii), Stat. 3207–51; 21 U.S.C. 857)’’, and struck out ‘‘or’’ before
substituted ‘‘transfer’’ for ‘‘transfer.’’ in concluding ‘‘section 16’’.
provisions and two times in subpar. (B). Pub. L. 102–550, § 1534(3), which directed insertion of
Pub. L. 103–322, § 330019(a)(3), and Pub. L. 103–325, ‘‘, any felony violation of section 9(c) of the Food
§ 413(c)(1)(A)(i), amended par. (2) identically, inserting Stamp Act of 1977 (relating to food stamp fraud) involv-
‘‘not more than’’ before ‘‘$500,000’’ in concluding provi- ing a quantity of coupons having a value of not less
sions. than $5,000, or any felony violation of the Foreign Cor-
Subsec. (b). Pub. L. 103–325, § 413(c)(1)(B), inserted ‘‘or rupt Practices Act’’ before semicolon, was executed by
(a)(3)’’ after ‘‘(a)(1)’’ and substituted ‘‘transfer’’ for making insertion before semicolon at end to reflect the
‘‘transfer.’’ probable intent of Congress.
Subsec. (c)(7)(B)(ii). Pub. L. 103–322, § 330021(1), sub- Subsec. (g). Pub. L. 102–550, § 1530, added subsec. (g)
stituted ‘‘kidnapping’’ for ‘‘kidnaping’’. relating to penalty for money laundering conspiracies.
Subsec. (c)(7)(B)(iii). Pub. L. 103–322, § 330019(a)(1), and Pub. L. 102–550, § 1504(c), added subsec. (g) relating to
Pub. L. 103–325, § 413(c)(1)(C), each amended cl. (iii) by notice of conviction of financial institutions.
inserting a closing parenthesis after ‘‘1978’’. 1990—Subsec. (a)(2). Pub. L. 101–647, § 108(1), inserted
Subsec. (c)(7)(D). Pub. L. 103–322, § 330019(b), and Pub. at end ‘‘For the purpose of the offense described in sub-
L. 103–325, § 413(c)(1)(D), amended subpar. (D) identi- paragraph (B), the defendant’s knowledge may be estab-
cally, substituting ‘‘section 15 of the Food Stamp Act lished by proof that a law enforcement officer rep-
of 1977’’ for ‘‘section 9(c) of the Food Stamp Act of resented the matter specified in subparagraph (B) as
1977’’. true, and the defendant’s subsequent statements or ac-
Pub. L. 103–322, § 330011(l), and Pub. L. 103–325, § 413(d), tions indicate that the defendant believed such rep-
made identical amendments repealing Pub. L. 101–647, resentations to be true.’’
§ 3557(2)(E). See 1990 Amendment note below. Subsec. (a)(3). Pub. L. 101–647, § 108(2), inserted ‘‘and
Pub. L. 103–322, § 320104(b), as amended by Pub. L. paragraph (2)’’ after ‘‘this paragraph’’ in last sentence.
104–294, § 604(b)(38), substituted ‘‘section 2319 (relating Subsec. (c)(1). Pub. L. 101–647, § 106, substituted
to copyright infringement), or section 2320 (relating to ‘‘State, Federal, or foreign’’ for ‘‘State or Federal’’.
trafficking in counterfeit goods and services),’’ for ‘‘or Subsec. (c)(4). Pub. L. 101–647, § 1402, inserted ‘‘(A)’’
section 2319 (relating to copyright infringement)’’. before ‘‘a transaction’’ the first place it appears, ‘‘(B)’’
Subsec. (c)(7)(E). Pub. L. 103–322, § 330012, and Pub. L. before ‘‘a transaction’’ the second place it appears,
103–325, § 413(c)(1)(E), amended subpar. (E) identically, ‘‘(i)’’ before ‘‘involving’’ the first place it appears, and
striking out second period at end. ‘‘(ii)’’ before ‘‘involving’’ the second place it appears.
Subsec. (e). Pub. L. 103–322, § 330008(2), and Pub. L. Subsec. (c)(5). Pub. L. 101–647, § 105, amended par. (5)
103–325, § 413(c)(1)(F), amended subsec. (e) identically, generally. Prior to amendment, par. (5) read as follows:
substituting ‘‘Environmental Protection Agency’’ for ‘‘the term ‘monetary instruments’ means coin or cur-
‘‘Evironmental Protection Agency’’. rency of the United States or of any other country,
Subsec. (g). Pub. L. 103–325, § 411(c)(2)(E), in subsec. (g) travelers’’ checks, personal checks, bank checks,
relating to notice of conviction of financial institu- money orders, investment securities in bearer form or
tions, substituted ‘‘section 5322 or 5324 of title 31’’ for otherwise in such form that title thereto passes upon
‘‘section 5322 of title 31’’. delivery, and negotiable instruments in bearer form or
Pub. L. 103–322, § 330019(a)(2), and Pub. L. 103–325, otherwise in such form that title thereto passes upon
§ 413(c)(1)(G), made identical amendments redesignating delivery;’’.
subsec. (g) relating to penalty for money laundering Subsec. (c)(7)(A). Pub. L. 101–647, § 3557(1), substituted
conspiracies as (h). ‘‘subchapter II of chapter 53 of title 31’’ for ‘‘the Cur-
Subsec. (h). Pub. L. 103–322, § 330019(a)(2), and Pub. L. rency and Foreign Transactions Reporting Act’’.
103–325, § 413(c)(1)(G), made identical amendments redes- Subsec. (c)(7)(C). Pub. L. 101–647, § 1404(a)(1), struck
ignating subsec. (g) relating to penalty for money laun- out ‘‘or’’ at end.
dering conspiracies as (h). Subsec. (c)(7)(D). Pub. L. 101–647, § 3557(2)(A)–(D), sub-
1992—Subsec. (a)(2). Pub. L. 102–550, § 1531(a), sub- stituted ‘‘section 2113’’ for ‘‘or section 2113’’, sub-
stituted ‘‘transportation, transmission, or transfer.’’ stituted ‘‘theft), or’’ for ‘‘theft) of this title,’’, inserted
for ‘‘transportation’’ wherever appearing in subpar. (B) ‘‘of this title’’ after ‘‘2319 (relating to copyright in-
and concluding provisions. fringement)’’, and substituted ‘‘paraphernalia’’ for
Subsec. (a)(3). Pub. L. 102–550, § 1531(b), in concluding ‘‘paraphenalia’’.
provisions, substituted ‘‘property represented to be the Pub. L. 101–647, § 3557(2)(E), which directed the amend-
proceeds’’ for ‘‘property represented by a law enforce- ment of subpar. (D) by striking the final period, was re-
ment officer to be the proceeds’’. pealed by Pub. L. 103–322, § 330011(l), and Pub. L. 103–325,
Subsec. (b). Pub. L. 102–550, § 1531(a), substituted § 413(d).
‘‘transportation, transmission, or transfer.’’ for ‘‘trans- Pub. L. 101–647, § 2506(2), inserted ‘‘section 1341 (relat-
portation’’ in introductory provisions. ing to mail fraud) or section 1343 (relating to wire
Subsec. (c)(3). Pub. L. 102–550, § 1527(a)(2), inserted fraud) affecting a financial institution,’’ after ‘‘section
‘‘use of a safe deposit box,’’ before ‘‘or any other pay- 1203 (relating to hostage taking),’’.
ment’’. Pub. L. 101–647, § 2506(1), inserted ‘‘section 1005 (relat-
Subsec. (c)(4)(A). Pub. L. 102–550, § 1527(a)(1), added ing to fraudulent bank entries), 1006 (relating to fraud-
clause (iii), struck out ‘‘which in any way or degree af- ulent Federal credit institution entries), 1007 (relating
fects interstate or foreign commerce,’’ after ‘‘or air- to Federal Deposit Insurance transactions), 1014 (relat-
craft,’’ and inserted ‘‘which in any way or degree af- ing to fraudulent loan or credit applications), 1032 (re-
fects interstate or foreign commerce’’ after ‘‘(A) or lating to concealment of assets from conservator, re-
transaction’’. ceiver, or liquidating agent of financial institution),’’
§ 1957 TITLE 18—CRIMES AND CRIMINAL PROCEDURE Page 480
after ‘‘section 875 (relating to interstate communica- ‘‘(2) conduct that occurred on or after the date of
tions),’’. enactment of this Act.’’
Pub. L. 101–647, § 1404(a)(2), inserted ‘‘; or’’ after
‘‘Trading with the Enemy Act’’ at end. EFFECTIVE DATE OF 2008 AMENDMENT
Pub. L. 101–647, § 107, substituted ‘‘a felony violation Amendment of this section and repeal of Pub. L.
of the Chemical Diversion and Trafficking Act of 1988’’ 110–234 by Pub. L. 110–246 effective May 22, 2008, the
for ‘‘section 310 of the Controlled Substances Act (21 date of enactment of Pub. L. 110–234, except as other-
U.S.C. 830)’’. wise provided, see section 4 of Pub. L. 110–246, set out
Subsec. (c)(7)(E). Pub. L. 101–647, § 1404(a)(2), inserted as an Effective Date note under section 8701 of Title 7,
heading and added subpar. (E). Agriculture.
Subsec. (c)(8). Pub. L. 101–647, § 1205(j), added par. (8).
Amendment by sections 4002(b)(1)(B), (D), (2)(M), and
Subsec. (e). Pub. L. 101–647, § 1404(b), inserted at end
4115(c)(1)(A)(i), (B)(ii) of Pub. L. 110–246 effective Oct. 1,
‘‘Violations of this section involving offenses described
2008, see section 4407 of Pub. L. 110–246, set out as a note
in paragraph (c)(7)(E) may be investigated by such com-
under section 1161 of Title 2, The Congress.
ponents of the Department of Justice as the Attorney
General may direct, and the National Enforcement In- EFFECTIVE DATE OF 2002 AMENDMENT
vestigations Center of the Evironmental [sic] Protec-
tion Agency.’’ Pub. L. 107–273, div. B, title IV, § 4002(a)(11), Nov. 2,
1988—Subsec. (a)(1)(A). Pub. L. 100–690, § 6471(a), 2002, 116 Stat. 1807, provided that the amendment made
amended subpar. (A) generally, designating existing by section 4002(a)(11) is effective Apr. 24, 1996.
provisions as cl. (i) and adding cl. (ii). Pub. L. 107–273, div. B, title IV, § 4005(e), Nov. 2, 2002,
Subsec. (a)(2). Pub. L. 100–690, § 6471(b), substituted 116 Stat. 1813, provided that the amendment made by
‘‘transports, transmits, or transfers, or attempts to section 4005(e) is effective Oct. 26, 2001.
transport, transmit, or transfer’’ for ‘‘transports or at-
EFFECTIVE DATE OF 1996 AMENDMENT
tempts to transport’’ in introductory provisions.
Subsec. (a)(3). Pub. L. 100–690, § 6465, added par. (3). Amendment by section 604(b)(38) of Pub. L. 104–294 ef-
Subsec. (c)(7)(D). Pub. L. 100–690, § 7031, substituted fective Sept. 13, 1994, see section 604(d) of Pub. L.
‘‘section 513’’ for ‘‘section 511’’ and ‘‘section 545’’ for 104–294, set out as a note under section 13 of this title.
‘‘section 543’’ and inserted ‘‘section 657 (relating to
lending, credit, and insurance institutions), section 658 EFFECTIVE DATE OF 1994 AMENDMENTS
(relating to property mortgaged or pledged to farm Pub. L. 103–322, title XXXIII, § 330011(l), Sept. 13, 1994,
credit agencies),’’. 108 Stat. 2145, and Pub. L. 103–325, title IV, § 413(d),
Pub. L. 100–690, § 6466, inserted ‘‘section 542 (relating Sept. 23, 1994, 108 Stat. 2255, provided that the repeal of
to entry of goods by means of false statements),’’, ‘‘sec- section 3557(2)(E) of Pub. L. 101–647 made by those sec-
tion 549 (relating to removing goods from Customs cus- tions is effective as of the date of enactment of Pub. L.
tody),’’, and ‘‘section 2319 (relating to copyright in- 101–647, which was approved Nov. 29, 1990.
fringement), section 310 of the Controlled Substances
Act (21 U.S.C. 830) (relating to precursor and essential RULE OF CONSTRUCTION
chemicals), section 590 of the Tariff Act of 1930 (19
U.S.C. 1590) (relating to aviation smuggling), section Nothing in amendment made by Pub. L. 117–159 to be
1822 of the Mail Order Drug Paraphernalia Control Act construed to allow the establishment of a Federal sys-
(100 Stat. 3207–51; 21 U.S.C. 857) (relating to transpor- tem of registration of firearms, firearms owners, or
tation of drug paraphenalia [sic]),’’. firearms transactions or dispositions, see section
Pub. L. 100–690, § 6183, substituted ‘‘section 38(c) (re- 12004(k) of Pub. L. 117–159, set out as a note under sec-
lating to criminal violations) of the Arms Export Con- tion 922 of this title.
trol Act, section 11 (relating to violations) of the Ex-
port Administration Act of 1979, section 206 (relating to § 1957. Engaging in monetary transactions in
penalties) of the International Emergency Economic property derived from specified unlawful ac-
Powers Act, or section 16 (relating to offenses and pun- tivity
ishment) of the Trading with the Enemy Act.’’ for ‘‘sec-
tion 38 of the Arms Export Control Act (22 U.S.C. 2778), (a) Whoever, in any of the circumstances set
section 2 (relating to criminal penalties) of the Export forth in subsection (d), knowingly engages or at-
Administration Act of 1979 (50 U.S.C. App. 2401), section tempts to engage in a monetary transaction in
203 (relating to criminal sanctions) of the International criminally derived property of a value greater
Emergency Economic Powers Act (50 U.S.C. 1702), or than $10,000 and is derived from specified unlaw-
section 3 (relating to criminal violations) of the Trad- ful activity, shall be punished as provided in
ing with the Enemy Act (50 U.S.C. App. 3)’’.
subsection (b).
Subsec. (e). Pub. L. 100–690, § 6469(a)(1), substituted
‘‘and, with respect to offenses over which the United (b)(1) Except as provided in paragraph (2), the
States Postal Service has jurisdiction, by the Postal punishment for an offense under this section is
Service. Such authority of the Secretary of the Treas- a fine under title 18, United States Code, or im-
ury and the Postal Service shall be exercised in accord- prisonment for not more than ten years or both.
ance with an agreement which shall be entered into by If the offense involves a pre-retail medical prod-
the Secretary of the Treasury, the Postal Service, and uct (as defined in section 670) the punishment
the Attorney General.’’ for ‘‘. Such authority of the for the offense shall be the same as the punish-
Secretary of the Treasury shall be exercised in accord-
ment for an offense under section 670 unless the
ance with an agreement which shall be entered into by
the Secretary of the Treasury and the Attorney Gen- punishment under this subsection is greater.
eral.’’ (2) The court may impose an alternate fine to
that imposable under paragraph (1) of not more
Statutory Notes and Related Subsidiaries than twice the amount of the criminally derived
EFFECTIVE DATE OF 2022 AMENDMENT
property involved in the transaction.
(c) In a prosecution for an offense under this
Pub. L. 117–263, div. E, title LIX, § 5904(b), Dec. 23, section, the Government is not required to prove
2022, 136 Stat. 3441, provided that: ‘‘The amendments
the defendant knew that the offense from which
made by this section [amending this section] shall
apply to— the criminally derived property was derived was
‘‘(1) conduct that occurred before the date of enact- specified unlawful activity.
ment of this Act [Dec. 23, 2022] for which the applica- (d) The circumstances referred to in sub-
ble statute of limitations has not expired; and section (a) are—
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