470.00 - Definitions.

§ 470.00 Definitions.    The following definitions are applicable to this article.    1.  "Monetary instrument" means coin and currency of the United States  or of any  other  country;  personal  checks;  bank  checks;  traveler's  checks;   money   orders;   and  investment  securities  and  negotiable  instruments, in bearer form  or  otherwise,  in  such  form  that  title  thereto  passes on delivery, except that "monetary instrument" shall not  include payments to attorneys for legal services.    2. "Conducts" includes  initiating,  concluding  or  participating  in  initiating or concluding a transaction.    3.  "Transaction"  includes  a  payment, purchase, sale, loan, pledge,  gift, transfer, or delivery, 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,  except  that  "transaction"  shall not include payments to attorneys for  legal services.    4. "Criminal conduct" means conduct which is a crime under the laws of  this state or conduct committed in any other jurisdiction  which  is  or  would be a crime under the laws of this state.    5.  "Specified  criminal  conduct" means criminal conduct committed in  this state constituting a criminal act, as  the  term  criminal  act  is  defined  in section 460.10 of this chapter, or constituting the crime of  enterprise corruption, as defined in section 460.20 of this chapter,  or  conduct  committed  in  any  other  jurisdiction  which  is  or would be  specified criminal conduct if committed in this state.    6. "Financial institution" means :    (a) an insured bank, as defined in section 3(b) of the Federal Deposit  Insurance Act, 12 U.S.C. 1813(h);    (b) a commercial bank or trust company;    (c) a private banker;    (d) an agency or branch of a foreign bank in the United States;    (e) a credit union;    (f) a thrift institution;    (g) a broker or dealer registered with  the  Securities  and  Exchange  Commission  under the Securities and Exchange Act of 1934, U.S.C. 78a et  seq.;    (h) a broker or dealer in securities or commodities;    (i) an investment banker or investment company;    (j) a currency exchange;    (k) an issuer, redeemer, or  cashier  of  travelers'  checks,  checks,  money orders, or similar instruments;    (l) an operator of a credit card system;    (m) an insurance company;    (n) a dealer in precious metals, stones, or jewels;    (o) a pawnbroker;    (p) a loan or finance company;    (q) a travel agency;    (r) a person licensed to engage in the business of receiving money for  transmission  or  transmitting  the same by whatever means, or any other  person engaged in such business as an agent of a licensee or engaged  in  such business without a license;    (s) a telegraph company;    (t)  a  business  engaged  in  vehicle  sales,  including  automobile,  airplane and boat sales;    (u) persons involved in real estate closings and settlements;(v) the United States Postal Service;    (w)  an  agency of the United States government or of a state or local  government carrying out a duty or power of a business described in  this  subdivision;    (x)  a casino, gambling casino, or gaming establishment with an annual  gaming revenue of more than a million dollars which:    (i) is licensed as a casino, gambling casino or  gaming  establishment  under  the  laws of any state or any political subdivision of any state;  or    (ii) is an Indian gaming operation conducted under or pursuant to  the  Indian Gaming Regulatory Act other than an operation which is limited to  class  1  gaming  as  defined in subdivision six of section four of such  act; or    (y)  any  business  or  agency  engaged  in  any  activity  which  the  superintendent  of  banks or the United States Secretary of the Treasury  determines, by regulation, to  be  an  activity  which  is  similar  to,  related to, or a substitute for activity which any business as described  in this subdivision is authorized to engage.    7. "Financial transaction" means a transaction involving:    (a) the movement of funds by wire or other means; or    (b) one or more monetary instruments; or    (c)  the  transfer  of  title to any real property, vehicle, vessel or  aircraft; or    (d) the use of a financial institution.    8. "Represented" means any representation made by  a  law  enforcement  officer,  or by another person at the direction of, or with the approval  of, such law enforcement officer.    9. "Law enforcement officer" means  any  public  servant,  federal  or  state,  who is authorized to conduct an investigation, prosecute or make  an arrest for a criminal offense.    10. For the purpose of this article, each of the five counties in  the  city of New York shall be considered as a separate county.