Title 18 — Crimes and Criminal Procedure — § 1957. Engaging in monetary transactions in property derived from specified unlawful activity
Summary
Pages 480 and 481 of Title 18 of the United States Code carry § 1957, Engaging in monetary transactions in property derived from specified unlawful activity. Subsection (a) covers anyone who knowingly engages or attempts to engage in a monetary transaction in criminally derived property of a value greater than $10,000 that is derived from specified unlawful activity. The punishment is a fine or imprisonment for not more than ten years, or an alternate fine of not more than twice the amount of the property; the Government is not required to prove that the defendant knew the underlying offense was specified unlawful activity. The section also covers jurisdiction, investigating agencies and definitions. Notes list amendments from Pub. L. 99–570 through Pub. L. 117–263, and the pages also begin § 1958 on murder-for-hire.
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§ 1957 TITLE 18—CRIMES AND CRIMINAL PROCEDURE Page 480
after ‘‘section 875 (relating to interstate communica-
tions),’’.
Pub. L. 101–647, § 1404(a)(2), inserted ‘‘; or’’ after
‘‘Trading with the Enemy Act’’ at end.
Pub. L. 101–647, § 107, substituted ‘‘a felony violation
of the Chemical Diversion and Trafficking Act of 1988’’
for ‘‘section 310 of the Controlled Substances Act (21
U.S.C. 830)’’.
Subsec. (c)(7)(E). Pub. L. 101–647, § 1404(a)(2), inserted
heading and added subpar. (E).
Subsec. (c)(8). Pub. L. 101–647, § 1205(j), added par. (8).
Subsec. (e). Pub. L. 101–647, § 1404(b), inserted at end
‘‘Violations of this section involving offenses described
in paragraph (c)(7)(E) may be investigated by such com-
ponents of the Department of Justice as the Attorney
General may direct, and the National Enforcement In-
vestigations Center of the Evironmental [sic] Protec-
tion Agency.’’
1988—Subsec. (a)(1)(A). Pub. L. 100–690, § 6471(a),
amended subpar. (A) generally, designating existing
provisions as cl. (i) and adding cl. (ii).
Subsec. (a)(2). Pub. L. 100–690, § 6471(b), substituted
‘‘transports, transmits, or transfers, or attempts to
transport, transmit, or transfer’’ for ‘‘transports or at-
tempts to transport’’ in introductory provisions.
Subsec. (a)(3). Pub. L. 100–690, § 6465, added par. (3).
Subsec. (c)(7)(D). Pub. L. 100–690, § 7031, substituted
‘‘section 513’’ for ‘‘section 511’’ and ‘‘section 545’’ for
‘‘section 543’’ and inserted ‘‘section 657 (relating to
lending, credit, and insurance institutions), section 658
(relating to property mortgaged or pledged to farm
credit agencies),’’.
Pub. L. 100–690, § 6466, inserted ‘‘section 542 (relating
to entry of goods by means of false statements),’’, ‘‘sec-
tion 549 (relating to removing goods from Customs cus-
tody),’’, and ‘‘section 2319 (relating to copyright in-
fringement), section 310 of the Controlled Substances
Act (21 U.S.C. 830) (relating to precursor and essential
chemicals), section 590 of the Tariff Act of 1930 (19
U.S.C. 1590) (relating to aviation smuggling), section
1822 of the Mail Order Drug Paraphernalia Control Act
(100 Stat. 3207–51; 21 U.S.C. 857) (relating to transpor-
tation of drug paraphenalia [sic]),’’.
Pub. L. 100–690, § 6183, substituted ‘‘section 38(c) (re-
lating to criminal violations) of the Arms Export Con-
trol Act, section 11 (relating to violations) of the Ex-
port Administration Act of 1979, section 206 (relating to
penalties) of the International Emergency Economic
Powers Act, or section 16 (relating to offenses and pun-
ishment) of the Trading with the Enemy Act.’’ for ‘‘sec-
tion 38 of the Arms Export Control Act (22 U.S.C. 2778),
section 2 (relating to criminal penalties) of the Export
Administration Act of 1979 (50 U.S.C. App. 2401), section
203 (relating to criminal sanctions) of the International
Emergency Economic Powers Act (50 U.S.C. 1702), or
section 3 (relating to criminal violations) of the Trad-
ing with the Enemy Act (50 U.S.C. App. 3)’’.
Subsec. (e). Pub. L. 100–690, § 6469(a)(1), 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 Treas-
ury and the Postal Service shall be exercised in accord-
ance 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 accord-
ance with an agreement which shall be entered into by
the Secretary of the Treasury and the Attorney Gen-
eral.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2022 AMENDMENT
Pub. L. 117–263, div. E, title LIX, § 5904(b), Dec. 23,
2022, 136 Stat. 3441, provided that: ‘‘The amendments
made by this section [amending this section] shall
apply to—
‘‘(1) conduct that occurred before the date of enact-
ment of this Act [Dec. 23, 2022] for which the applica-
ble statute of limitations has not expired; and
‘‘(2) conduct that occurred on or after the date of
enactment of this Act.’’
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, except as other-
wise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of Title 7,
Agriculture.
Amendment by sections 4002(b)(1)(B), (D), (2)(M), and
4115(c)(1)(A)(i), (B)(ii) of Pub. L. 110–246 effective Oct. 1,
2008, see section 4407 of Pub. L. 110–246, set out as a note
under section 1161 of Title 2, The Congress.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107–273, div. B, title IV, § 4002(a)(11), Nov. 2,
2002, 116 Stat. 1807, provided that the amendment made
by section 4002(a)(11) is effective Apr. 24, 1996.
Pub. L. 107–273, div. B, title IV, § 4005(e), Nov. 2, 2002,
116 Stat. 1813, provided that the amendment made by
section 4005(e) is effective Oct. 26, 2001.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 604(b)(38) of Pub. L. 104–294 ef-
fective Sept. 13, 1994, see section 604(d) of Pub. L.
104–294, set out as a note under section 13 of this title.
EFFECTIVE DATE OF 1994 AMENDMENTS
Pub. L. 103–322, title XXXIII, § 330011(l), Sept. 13, 1994,
108 Stat. 2145, and Pub. L. 103–325, title IV, § 413(d),
Sept. 23, 1994, 108 Stat. 2255, provided that the repeal of
section 3557(2)(E) of Pub. L. 101–647 made by those sec-
tions is effective as of the date of enactment of Pub. L.
101–647, which was approved Nov. 29, 1990.
RULE OF CONSTRUCTION
Nothing in amendment made by Pub. L. 117–159 to be
construed to allow the establishment of a Federal sys-
tem of registration of firearms, firearms owners, or
firearms transactions or dispositions, see section
12004(k) of Pub. L. 117–159, set out as a note under sec-
tion 922 of this title.
§ 1957. Engaging in monetary transactions in
property derived from specified unlawful ac-
tivity
(a) Whoever, in any of the circumstances set
forth in subsection (d), knowingly engages or at-
tempts to engage in a monetary transaction in
criminally derived property of a value greater
than $10,000 and is derived from specified unlaw-
ful 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 im-
prisonment for not more than ten years or both.
If the offense involves a pre-retail medical prod-
uct (as defined in section 670) the punishment
for the offense shall be the same as the punish-
ment 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 sub-
section (a) are—
Page 481 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1958
(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 spe-
cial 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 inves-
tigated 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 Home-
land Security has jurisdiction, by such compo-
nents of the Department of Homeland Security
as the Secretary of Homeland Security may di-
rect, and, with respect to offenses over which
the United States Postal Service has jurisdic-
tion, 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 Secu-
rity, the Postal Service, and the Attorney Gen-
eral.
(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 sec-
tion 1956 of this title), including any trans-
action 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 rep-
resentation as guaranteed by the sixth amend-
ment to the Constitution;
(2) the term ‘‘criminally derived property’’
means any property constituting, or derived
from, proceeds obtained from a criminal of-
fense; and
(3) the terms ‘‘specified unlawful activity’’
and ‘‘proceeds’’ shall have the meaning given
those terms in section 1956 of this title.
(Added Pub. L. 99–570, title I, § 1352(a), Oct. 27,
1986, 100 Stat. 3207–21; amended Pub. L. 100–690,
title VI, §§ 6182, 6184, 6469(a)(2), Nov. 18, 1988, 102
Stat. 4354, 4377; Pub. L. 102–550, title XV,
§§ 1526(b), 1527(b), Oct. 28, 1992, 106 Stat. 4065;
Pub. L. 103–322, title XXXIII, § 330020, Sept. 13,
1994, 108 Stat. 2149; Pub. L. 103–325, title IV,
§ 413(c)(2), Sept. 23, 1994, 108 Stat. 2255; Pub. L.
109–177, title IV, § 403(c)(2), Mar. 9, 2006, 120 Stat.
243; Pub. L. 111–21, § 2(f)(2), May 20, 2009, 123 Stat.
1618; Pub. L. 112–186, § 4(b)(2), Oct. 5, 2012, 126
Stat. 1429.)
Editorial Notes
AMENDMENTS
2012—Subsec. (b)(1). Pub. L. 112–186 inserted at end ‘‘If
the offense involves a pre-retail medical product (as de-
fined 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 sub-
section 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 fol-
lows: ‘‘Violations of this section may be investigated
by such components of the Department of Justice as
the Attorney General may direct, and by such compo-
nents of the Department of the Treasury as the Sec-
retary 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, strik-
ing out second comma after ‘‘(as defined in section 1956
of this title)’’.
1992—Subsec. (f)(1). Pub. L. 102–550 substituted ‘‘sec-
tion 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), sub-
stituted ‘‘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 Serv-
ice, 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 nec-
essary to preserve a person’s right to representation as
guaranteed by the sixth amendment to the Constitu-
tion’’.
§ 1958. Use of interstate commerce facilities in
the commission of murder-for-hire
(a) Whoever travels in or causes another (in-
cluding the intended victim) to travel in inter-
state or foreign commerce, or uses or causes an-
other (including the intended victim) to use the
mail or any facility of interstate or foreign com-
merce, with intent that a murder be committed
in violation of the laws of any State or the
United States as consideration for the receipt
of, or as consideration for a promise or agree-
ment to pay, anything of pecuniary value, or
who conspires to do so, shall be fined under this
title or imprisoned for not more than ten years,
or both; and if personal injury results, shall be
fined under this title or imprisoned for not more
than twenty years, or both; and if death results,
shall be punished by death or life imprisonment,
or shall be fined not more than $250,000, or both.
(b) As used in this section and section 1959—
(1) ‘‘anything of pecuniary value’’ means
anything of value in the form of money, a ne-
gotiable instrument, a commercial interest, or
anything else the primary significance of
which is economic advantage;
(2) ‘‘facility of interstate or foreign com-
merce’’ includes means of transportation and
communication; and
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