§ 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—
(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
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. For purposes of this paragraph, a financial transaction shall be considered to be one involving the proceeds of specified unlawful activity if it is part of a set of parallel or dependent transactions, any one of which involves the proceeds of specified unlawful activity, and all of which are part of a single plan or arrangement.
(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—
(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
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—
(B)
to conceal or disguise the nature, location, source, ownership, or control of property believed to be the proceeds of specified unlawful activity; or
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—
(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;
(3)
Court authority over assets.—
A court 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 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
(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
(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—
(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—
(C)
any act or acts constituting a continuing criminal enterprise, as that term is defined in section 408 of the Controlled Substances Act (21 U.S.C. 848);
(D)
an offense under section
32 (relating to the destruction of aircraft), section
37 (relating to violence at international airports), section
115 (relating to influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member), section
152 (relating to concealment of assets; false oaths and claims; bribery), section
175c (relating to the variola virus), section
215 (relating to commissions or gifts for procuring loans), section
351 (relating to congressional or Cabinet officer assassination), any of sections
500 through
503 (relating to certain counterfeiting offenses), section
513 (relating to securities of States and private entities), section
541 (relating to goods falsely classified), section
542 (relating to entry of goods by means of false statements), section
545 (relating to smuggling goods into the United States), section
549 (relating to removing goods from Customs custody), section
554 (relating to smuggling goods from the United States), section
641 (relating to public money, property, or records), section
656 (relating to theft, embezzlement, or misapplication by bank officer or employee), section
657 (relating to lending, credit, and insurance institutions), section
658 (relating to property mortgaged or pledged to farm credit agencies), section
666 (relating to theft or bribery concerning programs receiving Federal funds), section
793,
794, or
798 (relating to espionage), section
831 (relating to prohibited transactions involving nuclear materials), section
844
(f) or (i) (relating to destruction by explosives or fire of Government property or property affecting interstate or foreign commerce), section
875 (relating to interstate communications), section
922
(l) (relating to the unlawful importation of firearms), section
924
(n) (relating to firearms trafficking), section
956 (relating to conspiracy to kill, kidnap, maim, or injure certain property in a foreign country), section
1005 (relating to fraudulent bank entries), 1006 [2] (relating to fraudulent Federal credit institution entries), 1007 [2] (relating to Federal Deposit Insurance transactions), 1014 [2] (relating to fraudulent loan or credit applications), section
1030 (relating to computer fraud and abuse), 1032 [2] (relating to concealment of assets from conservator, receiver, or liquidating agent of financial institution), section
1111 (relating to murder), section
1114 (relating to murder of United States law enforcement officials), section
1116 (relating to murder of foreign officials, official guests, or internationally protected persons), section
1201 (relating to kidnaping), section
1203 (relating to hostage taking), section
1361 (relating to willful injury of Government property), section
1363 (relating to destruction of property within the special maritime and territorial jurisdiction), section
1708 (theft from the mail), section
1751 (relating to Presidential assassination), section
2113 or
2114 (relating to bank and postal robbery and theft), section
2252A (relating to child pornography) where the child pornography contains a visual depiction of an actual minor engaging in sexually explicit conduct, section
2260 (production of certain child pornography for importation into the United States), section
2280 (relating to violence against maritime navigation), section
2281 (relating to violence against maritime fixed platforms), section
2319 (relating to copyright infringement), section
2320 (relating to trafficking in counterfeit goods and services), section
2332 (relating to terrorist acts abroad against United States nationals), section
2332a (relating to use of weapons of mass destruction), section
2332b (relating to international terrorist acts transcending national boundaries), section
2332g (relating to missile systems designed to destroy aircraft), section
2332h (relating to radiological dispersal devices), section
2339A or
2339B (relating to providing material support to terrorists), section
2339C (relating to financing of terrorism), or section
2339D (relating to receiving military-type training from a foreign terrorist organization) of this title, section
46502 of title
49, United States Code, a felony violation of the Chemical Diversion and Trafficking Act of 1988 (relating to precursor and essential chemicals), section 590 of the Tariff Act of 1930 (19 U.S.C. 1590) (relating to aviation smuggling), section 422 of the Controlled Substances Act (relating to transportation of drug paraphernalia), section
38
(c) (relating to criminal violations) of the Arms Export Control Act, section
11 (relating to violations) of the Export Administration Act of 1979, section
206 (relating to penalties) of the International Emergency Economic Powers Act, section
16 (relating to offenses and punishment) of the Trading with the Enemy Act, any felony violation of section 15 of the Food and Nutrition Act of 2008 (relating to supplemental nutrition assistance program benefits fraud) involving a quantity of benefits having a value of not less than $5,000, any violation of section 543(a)(1) of the Housing Act of 1949 (relating to equity skimming), any felony violation of the Foreign Agents Registration Act of 1938, any felony violation of the Foreign Corrupt Practices Act, or section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 2122) (relating to prohibitions governing atomic weapons) [3]
environmental crimes
(E)
a felony violation of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Ocean Dumping Act (33 U.S.C. 1401 et seq.), the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), or the Resources Conservation and Recovery Act (42 U.S.C. 6901 et seq.); or
(d)
Nothing in this section shall supersede any provision of Federal, State, or other law imposing criminal penalties or affording civil remedies in addition to those provided for in this section.
(e)
Violations of this section may be investigated 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 Homeland Security has jurisdiction, by such components of the Department of Homeland Security as the Secretary of Homeland Security may direct, 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, 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 Security, the Postal Service, and the Attorney General. Violations of this section involving offenses described in paragraph (c)(7)(E) may be investigated by such components of the Department of Justice as the Attorney General may direct, and the National Enforcement Investigations Center of the Environmental Protection Agency.
(f)
There is extraterritorial jurisdiction over the conduct prohibited by this section if—
(g)
Notice of Conviction of Financial Institutions.—
If any financial institution or any officer, director, or employee of any financial institution has been found guilty of an offense under this section, section
1957 or
1960 of this title, or section
5322 or
5324 of title
31, the Attorney General shall provide written notice of such fact to the appropriate regulatory agency for the financial institution.
(h)
Any person who conspires to commit any offense defined in this section or section
1957 shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.
(i)
Venue.—
(1)
Except as provided in paragraph (2), a prosecution for an offense under this section or section
1957 may be brought in—
(2)
A prosecution for an attempt or conspiracy offense under this section or section
1957 may be brought in the district where venue would lie for the completed offense under paragraph (1), or in any other district where an act in furtherance of the attempt or conspiracy took place.
(3)
For purposes of this section, a transfer of funds from 1 place to another, by wire or any other means, shall constitute a single, continuing transaction. Any person who conducts (as that term is defined in subsection (c)(2)) any portion of the transaction may be charged in any district in which the transaction takes place.
[1] So in original. The second closing parenthesis probably should not appear.
[2] So in original. Probably should be preceded by “section”.
[3] So in original. Probably should be followed by a semicolon.