EXCERPTS FROM US FEDERAL LAW
18 USC 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 -
(A)(i) with the intent to promote the carrying on of specified
unlawful activity; or
(ii) with intent to engage in conduct constituting a violation
of section 7201 or 7206 of the Internal Revenue Code of 1986; or
(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
(ii) to avoid a transaction reporting requirement under State
or Federal law,
Practice Pointer: Each of the offenses described above require
1) the Government to prove a financial transaction, 2) knowledge that the
funds came from emanate from illegal activity, and 3) in fact
funds are from specified unlawful activity.
(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;
(B) the foreign person converts, to his or her own use,
property in which the United States has an ownership interest
by virtue of the entry of an order of forfeiture by a court of
the United States; or
(C) the foreign person is a financial institution that
maintains a bank account at a financial institution in the
United States.
////"Knowing"
(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);"Conducts"
(2) the term "conducts" includes initiating, concluding, or
participating in initiating, or concluding a transaction;"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;"Financial transaction"
(4) the term "financial transaction" means (A) a transaction
which in any way or degree affects interstate or foreign commerce
(i) involving the movement of funds by wire or other means or
(ii) involving one or more monetary instruments, or (iii)
involving the transfer of title to any real property, vehicle,
vessel, or aircraft, or (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;"Monetary Instrument"
(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;"Financial Institution"
(6) the term "financial institution" includes -
(A) any financial institution, as defined in section
5312(a)(2) of title 31, United States Code, or the regulations
promulgated thereunder; and
(B) any foreign bank, as defined in section 1 of the
International Banking Act of 1978 (12 U.S.C. 3101);"Specified Unlawful Activity"
(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 -
(I) an item controlled on the United States Munitions
List established under section 38 of the Arms Export
Control Act (22 U.S.C. 2778); or
(II) an item controlled under regulations under the
Export Administration Regulations (15 C.F.R. Parts
730-774); or
(vi) an offense with respect to which the United States
would be obligated by a multilateral treaty, either to
extradite the alleged offender or to submit the case for
prosecution, if the offender were found within the territory
of the United States;
"Continuing Criminal Enterprise"
(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);Extraterritorial jurisdiction
(f) There is extraterritorial jurisdiction over the conduct
prohibited by this section if -
(1) the conduct is by a United States citizen or, in the case
of a non-United States citizen, the conduct occurs in part in the
United States; and
(2) the transaction or series of related transactions involves
funds or monetary instruments of a value exceeding $10,000. ////
(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. ////
(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.18 USC 1957. Engaging in monetary transactions in property derived from specified unlawful activity (a) Whoever, in any of the circumstances set forth in subsection (d), knowingly engages or attempts
to engage in a monetary transaction in criminally derived property that is of a value greater than $ 10,000 and is derived from specified unlawful 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 imprisonment for not more than ten years or both.
(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 subsection (a) are--
(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 special jurisdiction, but the defendant is a United States person (as defined in section 3077 of this title [18 USCS § 3077], but excluding the class described in paragraph (2)(D) of such 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.
(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 [18 USCS § 1956(c)(5)]) by, through, or to a financial institution (as defined in section 1956 of this title [18 USCS § 1956]), including any transaction that would be a financial transaction under section 1956(c)(4)(B) of this title [18 USCS § 1956(c)(4)(B)], but such term does not include any transaction necessary to preserve a person's right to representation as guaranteed by the sixth amendment to the Constitution;
(2) the term "criminally derived property" means any property constituting, or derived from, proceeds obtained from a criminal offense; and
(3) the term "specified unlawful activity" has the meaning given that term in section 1956 of this title [18 USCS § 1956].