US (United States) Code. Title 18. Chapter 95: Racketeering

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure

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publicidad

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18 USC CHAPTER 95 - RACKETEERING 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 95 - RACKETEERING

.

-HEAD-

CHAPTER 95 - RACKETEERING

-MISC1-

Sec.

1951. Interference with commerce by threats or violence.

1952. Interstate and foreign travel or transportation in aid of

racketeering enterprises.

1953. Interstate transportation of wagering paraphernalia.

1954. Offer, acceptance, or solicitation to influence operations of

employee benefit plan.

1955. Prohibition of illegal gambling businesses.

1956. Laundering of monetary instruments.

1957. Engaging in monetary transactions in property derived from

specified unlawful activity.

1958. Use of interstate commerce facilities in the commission of

murder-for-hire.

1959. Violent crimes in aid of racketeering activity.

1960. Prohibition of unlicensed money transmitting businesses.

AMENDMENTS

2001 - Pub. L. 107-56, title III, Sec. 373(c), Oct. 26, 2001, 115

Stat. 340, substituted ''unlicensed'' for ''illegal'' in item 1960.

1992 - Pub. L. 102-550, title XV, Sec. 1512(b), Oct. 28, 1992,

106 Stat. 4058, added item 1960.

1988 - Pub. L. 100-690, title VII, Sec. 7053(c), Nov. 18, 1988,

102 Stat. 4402, redesignated items 1952A and 1952B as 1958 and

1959, respectively, and transferred them to the end of the table of

sections.

1986 - Pub. L. 99-570, title I, Sec. 1352(b), Oct. 27, 1986, 100

Stat. 3207-21, added items 1956 and 1957.

1984 - Pub. L. 98-473, title II, Sec. 1002(b), Oct. 12, 1984, 98

Stat. 2137, added items 1952A and 1952B.

1970 - Pub. L. 91-452, title VIII, Sec. 803(b), Oct. 15, 1970, 84

Stat. 938, added item 1955.

1962 - Pub. L. 87-420, Sec. 17(f), Mar. 20, 1962, 76 Stat. 43,

added item 1954.

1961 - Pub. L. 87-228, Sec. 1(b), Sept. 13, 1961, 75 Stat. 499,

added item 1952.

Pub. L. 87-218, Sec. 1, Sept. 13, 1961, 75 Stat. 492, added item

1953.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 3582 of this title; title

7 section 12a.

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18 USC Sec. 1951 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 95 - RACKETEERING

-HEAD-

Sec. 1951. Interference with commerce by threats or violence

-STATUTE-

(a) Whoever in any way or degree obstructs, delays, or affects

commerce or the movement of any article or commodity in commerce,

by robbery or extortion or attempts or conspires so to do, or

commits or threatens physical violence to any person or property in

furtherance of a plan or purpose to do anything in violation of

this section shall be fined under this title or imprisoned not more

than twenty years, or both.

(b) As used in this section -

(1) The term ''robbery'' means the unlawful taking or obtaining

of personal property from the person or in the presence of

another, against his will, by means of actual or threatened

force, or violence, or fear of injury, immediate or future, to

his person or property, or property in his custody or possession,

or the person or property of a relative or member of his family

or of anyone in his company at the time of the taking or

obtaining.

(2) The term ''extortion'' means the obtaining of property from

another, with his consent, induced by wrongful use of actual or

threatened force, violence, or fear, or under color of official

right.

(3) The term ''commerce'' means commerce within the District of

Columbia, or any Territory or Possession of the United States;

all commerce between any point in a State, Territory, Possession,

or the District of Columbia and any point outside thereof; all

commerce between points within the same State through any place

outside such State; and all other commerce over which the United

States has jurisdiction.

(c) This section shall not be construed to repeal, modify or

affect section 17 of Title 15, sections 52, 101-115, 151-166 of

Title 29 or sections 151-188 of Title 45.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 793; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 420a-420e-1 (June 18,

1934, ch. 569, Sec. 1-6, 48 Stat. 979, 980; July 3, 1946, ch. 537,

60 Stat. 420).

Section consolidates sections 420a to 420e-1 of Title 18, U.S.C.,

1940 ed., with changes in phraseology and arrangement necessary to

effect consolidation.

Provisions designating offense as felony were omitted as

unnecessary in view of definitive section 1 of this title. (See

reviser's note under section 550 of this title.)

Subsection (c) of the revised section is derived from title II of

the 1946 amendment. It substitutes references to specific sections

of the United States Code, 1940 ed., in place of references to

numerous acts of Congress, in conformity to the style of the

revision bill. Subsection (c) as rephrased will preclude any

construction of implied repeal of the specified acts of Congress

codified in the sections enumerated.

The words ''attempts or conspires so to do'' were substituted for

sections 3 and 4 of the 1946 act, omitting as unnecessary the words

''participates in an attempt'' and the words ''or acts in concert

with another or with others'', in view of section 2 of this title

which makes any person who participates in an unlawful enterprise

or aids or assists the principal offender, or does anything towards

the accomplishment of the crime, a principal himself.

Words ''shall, upon conviction thereof,'' were omitted as

surplusage, since punishment cannot be imposed until a conviction

is secured.

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REFERENCES IN TEXT

Sections 101-115 of Title 29, referred to in subsec. (c), is a

reference to act Mar. 23, 1932, ch. 90, 47 Stat. 70, popularly

known as the Norris-LaGuardia Act. For complete classification of

this Act to the Code, see Short Title note set out under section

101 of Title 29, Labor, and Tables.

Section 11 of that act, formerly classified to section 111 of

Title 29, was repealed and reenacted as section 3692 of this title

by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, eff. Sept.

1, 1948.

Section 12 of that act, formerly classified to section 112 of

Title 29, was repealed by act June 25, 1948, and is covered by rule

42(b) of the Federal Rules of Criminal Procedure, set out in

Appendix to this title.

Section 164 of Title 45, included within the reference in subsec.

(c) to sections 151-188 of Title 45, was repealed by act Oct. 10,

1940, ch. 851, Sec. 4, 54 Stat. 1111. See section 5 of Title 41,

Public Contracts.

Section 186 of Title 45, included within the reference in subsec.

(c) to sections 151-188 of Title 45, was omitted from the Code.

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AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-322 substituted ''fined under

this title'' for ''fined not more than $10,000''.

SHORT TITLE

This section is popularly known as the ''Hobbs Act''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1961, 2516 of this title;

title 26 section 6050I; title 29 section 1111.

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18 USC Sec. 1952 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 95 - RACKETEERING

-HEAD-

Sec. 1952. Interstate and foreign travel or transportation in aid

of racketeering enterprises

-STATUTE-

(a) Whoever travels in interstate or foreign commerce or uses the

mail or any facility in interstate or foreign commerce, with intent

to -

(1) distribute the proceeds of any unlawful activity; or

(2) commit any crime of violence to further any unlawful

activity; or

(3) otherwise promote, manage, establish, carry on, or

facilitate the promotion, management, establishment, or carrying

on, of any unlawful activity,

and thereafter performs or attempts to perform -

(A) an act described in paragraph (1) or (3) shall be fined

under this title, imprisoned not more than 5 years, or both; or

(B) an act described in paragraph (2) shall be fined under this

title, imprisoned for not more than 20 years, or both, and if

death results shall be imprisoned for any term of years or for

life.

(b) As used in this section (i) ''unlawful activity'' means (1)

any business enterprise involving gambling, liquor on which the

Federal excise tax has not been paid, narcotics or controlled

substances (as defined in section 102(6) of the Controlled

Substances Act), or prostitution offenses in violation of the laws

of the State in which they are committed or of the United States,

(2) extortion, bribery, or arson in violation of the laws of the

State in which committed or of the United States, or (3) any act

which is indictable under subchapter II of chapter 53 of title 31,

United States Code, or under section 1956 or 1957 of this title and

(ii) the term ''State'' includes a State of the United States, the

District of Columbia, and any commonwealth, territory, or

possession of the United States.

(c) Investigations of violations under this section involving

liquor shall be conducted under the supervision of the Attorney

General.

-SOURCE-

(Added Pub. L. 87-228, Sec. 1(a), Sept. 13, 1961, 75 Stat. 498;

amended Pub. L. 89-68, July 7, 1965, 79 Stat. 212; Pub. L. 91-513,

title II, Sec. 701(i)(2), Oct. 27, 1970, 84 Stat. 1282; Pub. L.

99-570, title I, Sec. 1365(a), Oct. 27, 1986, 100 Stat. 3207-35;

Pub. L. 101-647, title XII, Sec. 1205(i), title XVI, Sec. 1604,

Nov. 29, 1990, 104 Stat. 4831, 4843; Pub. L. 103-322, title XIV,

Sec. 140007(a), title XXXIII, Sec. 330016(1)(L), Sept. 13, 1994,

108 Stat. 2033, 2147; Pub. L. 107-296, title XI, Sec. 1112(h), Nov.

25, 2002, 116 Stat. 2277.)

-REFTEXT-

REFERENCES IN TEXT

Section 102(6) of the Controlled Substances Act, referred to in

subsec. (b)(i)(1), is classified to section 802(6) of Title 21,

Food and Drugs.

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AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-296 substituted ''Attorney

General'' for ''Secretary of the Treasury''.

1994 - Pub. L. 103-322, Sec. 330016(1)(L), which directed the

amendment of this section by substituting ''under this title'' for

''not more than $10,000'', could not be executed because the phrase

''not more than $10,000'' did not appear in text subsequent to

amendment of subsec. (a) by Pub. L. 103-322, Sec. 140007(a). See

below.

Subsec. (a). Pub. L. 103-322, Sec. 140007(a), substituted ''and

thereafter performs or attempts to perform - '' and subpars. (A)

and (B) for former concluding provisions which read as follows:

''and thereafter performs or attempts to perform any of the acts

specified in subparagraphs (1), (2), and (3), shall be fined not

more than $10,000 or imprisoned for not more than five years, or

both.''

1990 - Subsec. (a). Pub. L. 101-647, Sec. 1604, inserted ''the

mail or'' after ''uses'' and struck out ''including the mail,''

before ''with intent'' in introductory provisions.

Subsec. (b). Pub. L. 101-647, Sec. 1205(i), inserted ''(i)''

after ''As used in this section'' and added cl. (ii).

1986 - Subsec. (b)(3). Pub. L. 99-570 added cl. (3).

1970 - Subsec. (b)(1). Pub. L. 91-513, Sec. 701(i)(2)(A),

inserted ''or controlled substances (as defined in section 102(6)

of the Controlled Substances Act)''.

Subsec. (c). Pub. L. 91-513, Sec. 701(i)(2)(B), struck out

reference to investigations involving narcotics.

1965 - Subsec. (b)(2). Pub. L. 89-68 made section applicable to

travel in aid of arson.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-513 effective on first day of seventh

calendar month that begins after Oct. 26, 1970, see section 704 of

Pub. L. 91-513, set out as an Effective Date note under section 801

of Title 21, Food and Drugs.

SAVINGS PROVISION

Amendment by Pub. L. 91-513 not to affect or abate any

prosecutions for any violation of law or any civil seizures or

forfeitures and injunctive proceedings commenced prior to the

effective date of such amendment, and all administrative

proceedings pending before the former Bureau of Narcotics and

Dangerous Drugs on Oct. 27, 1970, were to be continued and brought

to final determination in accord with laws and regulations in

effect prior to Oct. 27, 1970, see section 702 of Pub. L. 91-513,

set out as a Savings Provision note under section 321 of Title 21,

Food and Drugs.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1961, 2516 of this title;

title 26 section 6050I.

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18 USC Sec. 1952A 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 95 - RACKETEERING

-HEAD-

(Sec. 1952A. Renumbered Sec. 1958)

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18 USC Sec. 1952B 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 95 - RACKETEERING

-HEAD-

(Sec. 1952B. Renumbered Sec. 1959)

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18 USC Sec. 1953 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 95 - RACKETEERING

-HEAD-

Sec. 1953. Interstate transportation of wagering paraphernalia

-STATUTE-

(a) Whoever, except a common carrier in the usual course of its

business, knowingly carries or sends in interstate or foreign

commerce any record, paraphernalia, ticket, certificate, bills,

slip, token, paper, writing, or other device used, or to be used,

or adapted, devised, or designed for use in (a) bookmaking; or (b)

wagering pools with respect to a sporting event; or (c) in a

numbers, policy, bolita, or similar game shall be fined under this

title or imprisoned for not more than five years or both.

(b) This section shall not apply to (1) parimutuel betting

equipment, parimutuel tickets where legally acquired, or parimutuel

materials used or designed for use at racetracks or other sporting

events in connection with which betting is legal under applicable

State law, or (2) the transportation of betting materials to be

used in the placing of bets or wagers on a sporting event into a

State in which such betting is legal under the statutes of that

State, or (3) the carriage or transportation in interstate or

foreign commerce of any newspaper or similar publication, or (4)

equipment, tickets, or materials used or designed for use within a

State in a lottery conducted by that State acting under authority

of State law, or (5) the transportation in foreign commerce to a

destination in a foreign country of equipment, tickets, or

materials designed to be used within that foreign country in a

lottery which is authorized by the laws of that foreign country.

(c) Nothing contained in this section shall create immunity from

criminal prosecution under any laws of any State, Commonwealth of

Puerto Rico, territory, possession, or the District of Columbia.

(d) For the purposes of this section (1) ''State'' means a State

of the United States, the District of Columbia, the Commonwealth of

Puerto Rico, or any territory or possession of the United States;

and (2) ''foreign country'' means any empire, country, dominion,

colony, or protectorate, or any subdivision thereof (other than the

United States, its territories or possessions).

(e) For the purposes of this section ''lottery'' means the

pooling of proceeds derived from the sale of tickets or chances and

allotting those proceeds or parts thereof by chance to one or more

chance takers or ticket purchasers. ''Lottery'' does not include

the placing or accepting of bets or wagers on sporting events or

contests.

-SOURCE-

(Added Pub. L. 87-218, Sec. 1, Sept. 13, 1961, 75 Stat. 492;

amended Pub. L. 93-583, Sec. 3, Jan. 2, 1975, 88 Stat. 1916; Pub.

L. 96-90, Sec. 2, Oct. 23, 1979, 93 Stat. 698; Pub. L. 103-322,

title XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-322 substituted ''fined under

this title'' for ''fined not more than $10,000''.

1979 - Subsec. (b)(5). Pub. L. 96-90, Sec. 2(1), added cl. (5).

Subsecs. (d), (e). Pub. L. 96-90, Sec. 2(2), added subsecs. (d)

and (e).

1975 - Subsec. (b)(4). Pub. L. 93-583 added cl. (4).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1302, 1961 of this title.

-CITE-

18 USC Sec. 1954 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 95 - RACKETEERING

-HEAD-

Sec. 1954. Offer, acceptance, or solicitation to influence

operations of employee benefit plan

-STATUTE-

Whoever being -

(1) an administrator, officer, trustee, custodian, counsel,

agent, or employee of any employee welfare benefit plan or

employee pension benefit plan; or

(2) an officer, counsel, agent, or employee of an employer or

an employer any of whose employees are covered by such plan; or

(3) an officer, counsel, agent, or employee of an employee

organization any of whose members are covered by such plan; or

(4) a person who, or an officer, counsel, agent, or employee of

an organization which, provides benefit plan services to such

plan

receives or agrees to receive or solicits any fee, kickback,

commission, gift, loan, money, or thing of value because of or with

intent to be influenced with respect to, any of the actions,

decisions, or other duties relating to any question or matter

concerning such plan or any person who directly or indirectly gives

or offers, or promises to give or offer, any fee, kickback,

commission, gift, loan, money, or thing of value prohibited by this

section, shall be fined under this title or imprisoned not more

than three years, or both: Provided, That this section shall not

prohibit the payment to or acceptance by any person of bona fide

salary, compensation, or other payments made for goods or

facilities actually furnished or for services actually performed in

the regular course of his duties as such person, administrator,

officer, trustee, custodian, counsel, agent, or employee of such

plan, employer, employee organization, or organization providing

benefit plan services to such plan.

As used in this section, the term (a) ''any employee welfare

benefit plan'' or ''employee pension benefit plan'' means any

employee welfare benefit plan or employee pension benefit plan,

respectively, subject to any provision of title I of the Employee

Retirement Income Security Act of 1974, and (b) ''employee

organization'' and ''administrator'' as defined respectively in

sections 3(4) and (3)(16) of the Employee Retirement Income

Security Act of 1974.

-SOURCE-

(Added Pub. L. 87-420, Sec. 17(e), Mar. 20, 1962, 76 Stat. 42;

amended Pub. L. 91-452, title II, Sec. 225, Oct. 15, 1970, 84 Stat.

930; Pub. L. 93-406, title I, Sec. 111(a)(2)(C), Sept. 2, 1974, 88

Stat. 852; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(L), Sept.

13, 1994, 108 Stat. 2147.)

-REFTEXT-

REFERENCES IN TEXT

The Employee Retirement Income Security Act of 1974, referred to

in text, is Pub. L. 93-406, Sept. 2, 1974, 88 Stat. 829, as

amended. Title I of the Employee Retirement Income Security Act of

1974, referred to in text, is classified generally to subchapter I

(Sec. 1001 et seq.) of chapter 18 of Title 29, Labor. For complete

classification of this Act to the Code, see Short Title note set

out under section 1001 of Title 29 and Tables.

Section 3(4) of the Employee Retirement Income Security Act of

1974, referred to in text, is classified to section 1002(4) of

Title 29.

Section (3)(16) of the Employee Retirement Income Security Act of

1974, referred to in text, probably means section 3(16) of the

Employee Retirement Income Security Act of 1974, which is

classified to section 1002(16) of Title 29.

-MISC2-

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $10,000'' in first par.

1974 - Pub. L. 93-406 substituted ''any employee welfare benefit

plan or employee pension benefit plan, respectively, subject to any

provision of title I of the Employee Retirement Income Security Act

of 1974'' for ''any such plan subject to the provisions of the

Welfare and Pension Plans Disclosure Act, as amended'' and

''sections 3(4) and (3)(16) of the Employee Retirement Income

Security Act of 1974'' for ''sections 3(3) and 5(b)(1) and (2) of

the Welfare and Pension Plans Disclosure Act, as amended''.

1970 - Pub. L. 91-452 struck out letter designation ''(a)''

preceding first sentence and struck out subsec. (b) which related

to the immunity from prosecution of any witness compelled to

testify or produce evidence after claiming his privilege against

self-incrimination. See section 6001 et seq. of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-406 effective Jan. 1, 1975, except as

provided in section 1031(b)(2) of Title 29, Labor, see section 1031

of Title 29.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-452 effective on sixtieth day following

Oct. 15, 1970, and not to affect any immunity to which any

individual is entitled under this section by reason of any

testimony given before sixtieth day following Oct. 15, 1970, see

section 260 of Pub. L. 91-452, set out as an Effective Date;

Savings Provision note under sections 6001 of this title.

EFFECTIVE DATE

Section effective 90 days after Mar. 20, 1962, see section 19 of

Pub. L. 87-420, set out as a note under section 664 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 1961, 2516 of this

title; title 29 sections 1031, 1111.

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18 USC Sec. 1955 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 95 - RACKETEERING

-HEAD-

Sec. 1955. Prohibition of illegal gambling businesses

-STATUTE-

(a) Whoever conducts, finances, manages, supervises, directs, or

owns all or part of an illegal gambling business shall be fined

under this title or imprisoned not more than five years, or both.

(b) As used in this section -

(1) ''illegal gambling business'' means a gambling business

which -

(i) is a violation of the law of a State or political

subdivision in which it is conducted;

(ii) involves five or more persons who conduct, finance,

manage, supervise, direct, or own all or part of such business;

and

(iii) has been or remains in substantially continuous

operation for a period in excess of thirty days or has a gross

revenue of $2,000 in any single day.

(2) ''gambling'' includes but is not limited to pool-selling,

bookmaking, maintaining slot machines, roulette wheels or dice

tables, and conducting lotteries, policy, bolita or numbers

games, or selling chances therein.

(3) ''State'' means any State of the United States, the

District of Columbia, the Commonwealth of Puerto Rico, and any

territory or possession of the United States.

(c) If five or more persons conduct, finance, manage, supervise,

direct, or own all or part of a gambling business and such business

operates for two or more successive days, then, for the purpose of

obtaining warrants for arrests, interceptions, and other searches

and seizures, probable cause that the business receives gross

revenue in excess of $2,000 in any single day shall be deemed to

have been established.

(d) Any property, including money, used in violation of the

provisions of this section may be seized and forfeited to the

United States. All provisions of law relating to the seizures,

summary, and judicial forfeiture procedures, and condemnation of

vessels, vehicles, merchandise, and baggage for violation of the

customs laws; the disposition of such vessels, vehicles,

merchandise, and baggage or the proceeds from such sale; the

remission or mitigation of such forfeitures; and the compromise of

claims and the award of compensation to informers in respect of

such forfeitures shall apply to seizures and forfeitures incurred

or alleged to have been incurred under the provisions of this

section, insofar as applicable and not inconsistent with such

provisions. Such duties as are imposed upon the collector of

customs or any other person in respect to the seizure and

forfeiture of vessels, vehicles, merchandise, and baggage under the

customs laws shall be performed with respect to seizures and

forfeitures of property used or intended for use in violation of

this section by such officers, agents, or other persons as may be

designated for that purpose by the Attorney General.

(e) This section shall not apply to any bingo game, lottery, or

similar game of chance conducted by an organization exempt from tax

under paragraph (3) of subsection (c) of section 501 of the

Internal Revenue Code of 1986, as amended, if no part of the gross

receipts derived from such activity inures to the benefits of any

private shareholder, member, or employee of such organization

except as compensation for actual expenses incurred by him in the

conduct of such activity.

-SOURCE-

(Added Pub. L. 91-452, title VIII, Sec. 803(a), Oct. 15, 1970, 84

Stat. 937; amended Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.

2095; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(N), Sept. 13,

1994, 108 Stat. 2148.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in subsec. (d), are classified

generally to Title 19, Customs Duties.

Paragraph (3) of subsection (c) of section 501 of the Internal

Revenue Code of 1986, referred to in subsec. (e), is classified to

section 501(c)(3) of Title 26, Internal Revenue Code.

-MISC2-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-322 substituted ''fined under

this title'' for ''fined not more than $20,000''.

1986 - Subsec. (e). Pub. L. 99-514 substituted ''Internal Revenue

Code of 1986'' for ''Internal Revenue Code of 1954''.

-TRANS-

TRANSFER OF FUNCTIONS

Offices of collector of customs, comptroller of customs, surveyor

of customs, and appraiser of merchandise in Bureau of Customs of

Department of the Treasury to which appointments were required to

be made by President with advice and consent of Senate ordered

abolished, with such offices to be terminated not later than Dec.

31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R.

7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government

Organization and Employees. Functions of offices eliminated were

already vested 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

in the Appendix to Title 5.

-MISC5-

NATIONAL GAMBLING IMPACT STUDY COMMISSION

Pub. L. 104-169, Aug. 3, 1996, 110 Stat. 1482, as amended by Pub.

L. 105-30, Sec. 1, July 25, 1997, 111 Stat. 248, established the

National Gambling Impact Study Commission to conduct a

comprehensive legal and factual study of the social and economic

impacts of gambling in the United States on Federal, State, local,

and Native American tribal governments, as well as on communities

and social institutions generally, including individuals, families,

and businesses within such communities and institutions, and to

submit a report, not later than two years after its first meeting,

to the President, the Congress, State Governors, and Native

American tribal governments containing the Commission's findings

and conclusions, together with any recommendations of the

Commission, and further provided for membership of the Commission,

meetings, powers and duties of the Commission, personnel matters,

contracts for research with the Advisory Commission on

Intergovernmental Relations and the National Research Council,

definitions, appropriations, and termination of the Commission 60

days after submission of its final report.

PRIORITY OF STATE LAWS

Enactment of this section as not indicating an intent on the part

of the Congress to occupy the field in which this section operates

to the exclusion of State of local law on the same subject matter,

or to relieve any person of any obligation imposed by any State or

local law, see section 811 of Pub. L. 91-452, set out as a Priority

of State Laws note under section 1511 of this title.

COMMISSION ON REVIEW OF NATIONAL POLICY TOWARD GAMBLING

Sections 804-809 of Pub. L. 91-452 established Commission on

Review of National Policy Toward Gambling, provided for its

membership and compensation of members and staff, empowered

Commission to subpoena witnesses and grant immunity, required

Commission to make a study of gambling in United States and

existing Federal, State, and local policy and practices with

respect to prohibition and taxation of gambling activities and to

make a final report of its findings and recommendations to

President and to Congress within four years of its establishment,

and provided for its termination sixty days after submission of

final report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1961, 2516 of this title;

title 8 section 1101; title 26 section 6050I.

-CITE-

18 USC Sec. 1956 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 95 - RACKETEERING

-HEAD-

Sec. 1956. Laundering of monetary instruments

-STATUTE-

(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,

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.

(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 -

(A) with the intent to promote the carrying on of specified

unlawful activity; or

(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

(ii) to avoid a transaction reporting requirement under State

or Federal law,

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 -

(A) to promote the carrying on of specified unlawful activity;

(B) to conceal or disguise the nature, location, source,

ownership, or control of property believed to be the proceeds of

specified unlawful activity; or

(C) to avoid a transaction reporting requirement under State or

Federal law,

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 -

(A) the value of the property, funds, or monetary instruments

involved in the transaction; or

(B) $10,000.

(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.

(3) Court authority over assets. - A court described in

paragraph (2) 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 described in paragraph (2) 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

(iii) shall have standing equivalent to that of a Federal

prosecutor for the purpose of submitting requests to obtain

information regarding the assets of the defendant -

(I) from the Financial Crimes Enforcement Network of the

Department of the Treasury; or

(II) from a foreign country pursuant to a mutual legal

assistance treaty, multilateral agreement, or other

arrangement for international law enforcement assistance,

provided that such requests are in accordance with the

policies and procedures of the Attorney General.

(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 (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;

(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 -

(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);

(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)); (FOOTNOTE 1)

(FOOTNOTE 1) So in original. The second closing parenthesis

probably should not appear.

(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;

(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 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

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 (FOOTNOTE 2) (relating to

fraudulent Federal credit institution entries), 1007 (FOOTNOTE

2) (relating to Federal Deposit Insurance transactions), 1014

(FOOTNOTE 2) (relating to fraudulent loan or credit

applications), section 1030 (relating to computer fraud and

abuse), 1032 (FOOTNOTE 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 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), or section 2339A or 2339B (relating to

providing material support to terrorists) 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 Stamp

Act of 1977 (relating to food stamp fraud) involving a quantity

of coupons 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, or any felony

violation of the Foreign Corrupt Practices Act;

(FOOTNOTE 2) So in original. Probably should be preceded by

''section''.

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

(F) any act or activity constituting an offense involving a

Federal health care offense;

(8) the term ''State'' includes a State of the United States,

the District of Columbia, and any commonwealth, territory, or

possession of the United States.

(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 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. 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 -

(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.

(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 -

(A) any district in which the financial or monetary transaction

is conducted; or

(B) any district where a prosecution for the underlying

specified unlawful activity could be brought, if the defendant

participated in the transfer of the proceeds of the specified

unlawful activity from that district to the district where the

financial or monetary transaction is conducted.

(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.

-SOURCE-

(Added Pub. L. 99-570, title I, Sec. 1352(a), Oct. 27, 1986, 100

Stat. 3207-18; amended Pub. L. 100-690, title VI, Sec. 6183, 6465,

6466, 6469(a)(1), 6471(a), (b), title VII, Sec. 7031, Nov. 18,

1988, 102 Stat. 4354, 4375, 4377, 4378, 4398; Pub. L. 101-647,

title I, Sec. 105-108, title XII, Sec. 1205(j), title XIV, Sec.

1402, 1404, title XXV, Sec. 2506, title XXXV, Sec. 3557, Nov. 29,

1990, 104 Stat. 4791, 4792, 4831, 4835, 4862, 4927; Pub. L.

102-550, title XV, Sec. 1504(c), 1524, 1526(a), 1527(a), 1530,

1531, 1534, 1536, Oct. 28, 1992, 106 Stat. 4055, 4064-4067; Pub. L.

103-322, title XXXII, Sec. 320104(b), title XXXIII, Sec. 330008(2),

330011(l), 330012, 330019, 330021(1), Sept. 13, 1994, 108 Stat.

2111, 2142, 2145, 2146, 2149, 2150; Pub. L. 103-325, title IV, Sec.

411(c)(2)(E), 413(c)(1), (d), Sept. 23, 1994, 108 Stat. 2253-2255;

Pub. L. 104-132, title VII, Sec. 726, Apr. 24, 1996, 110 Stat.

1301; Pub. L. 104-191, title II, Sec. 246, Aug. 21, 1996, 110 Stat.

2018; Pub. L. 104-294, title VI, Sec. 601(f)(6), 604(b)(38), Oct.

11, 1996, 110 Stat. 3499, 3509; Pub. L. 106-569, title VII, Sec.

709(a), Dec. 27, 2000, 114 Stat. 3018; Pub. L. 107-56, title III,

Sec. 315, 317, 318, 376, title VIII, Sec. 805(b), title X, Sec.

1004, Oct. 26, 2001, 115 Stat. 308, 310, 311, 342, 378, 392; Pub.

L. 107-273, div. B, title IV, Sec. 4002(a)(11), (b)(5), (c)(2),

4005(d)(1), (e), Nov. 2, 2002, 116 Stat. 1807, 1809, 1812, 1813.)

-REFTEXT-

REFERENCES IN TEXT

Sections 7201 and 7206 of the Internal Revenue Code of 1986,

referred to in subsec. (a)(1)(A)(ii), are classified, respectively,

to sections 7201 and 7206 of Title 26, Internal Revenue Code.

The Federal Rules of Civil Procedure, referred to in subsec.

(b)(2), are set out in the Appendix to Title 28, Judiciary and

Judicial Procedure.

The Controlled Substances Act, referred to in subsec.

(c)(7)(B)(i), (D), is title II of Pub. L. 91-513, Oct. 27, 1970, 84

Stat. 1242, as amended, which is classified principally to

subchapter I (Sec. 801 et seq.) of chapter 13 of Title 21, Food and

Drugs. Section 422 of the Act is classified to section 863 of Title

21. For complete classification of this Act to the Code, see Short

Title note set out under section 801 of Title 21 and Tables.

The Chemical Diversion and Trafficking Act of 1988, referred to

in subsec. (c)(7)(D), is subtitle A (Sec. 6051-6061) of title VI of

Pub. L. 100-690, Nov. 18, 1988, 102 Stat. 4312. For complete

classification of subtitle A to the Code, see Short Title of 1988

Amendment note set out under section 801 of Title 21, Food and

Drugs, and Tables.

Section 38(c) of the Arms Export Control Act, referred to in

subsec. (c)(7)(D), is classified to section 2778(c) of Title 22,

Foreign Relations and Intercourse.

Section 11 of the Export Administration Act of 1979, referred to

in subsec. (c)(7)(D), is classified to section 2410 of Title 50,

Appendix, War and National Defense.

Section 206 of the International Emergency Economic Powers Act,

referred to in subsec. (c)(7)(D), is classified to section 1705 of

Title 50.

Section 16 of the Trading with the Enemy Act, referred to in

subsec. (c)(7)(D), is classified to section 16 of Title 50,

Appendix.

Section 15 of the Food Stamp Act of 1977, referred to in subsec.

(c)(7)(D), is classified to section 2024 of Title 7, Agriculture.

Section 543(a)(1) of the Housing Act of 1949, referred to in

subsec. (c)(7)(D), is classified to section 1490s(a)(1) of Title

42, The Public Health and Welfare.

The Foreign Agents Registration Act of 1938, referred to in

subsec. (c)(7)(D), is act June 8, 1938, ch. 327, 52 Stat. 631, as

amended, which is classified generally to subchapter II (Sec. 611

et seq.) of chapter 11 of Title 22, Foreign Relations and

Intercourse. For complete classification of this Act to the Code,

see Short Title note set out under section 611 of Title 22 and

Tables.

The Foreign Corrupt Practices Act, referred to in subsec.

(c)(7)(D), probably means the Foreign Corrupt Practices Act of

1977, title I of Pub. L. 95-213, Dec. 19, 1977, 91 Stat. 1494, as

amended, which enacted sections 78dd-1 to 78dd-3 of Title 15,

Commerce and Trade, and amended sections 78m and 78ff of Title 15.

For complete classification of this Act to the Code, see Short

Title of 1977 Amendment note set out under section 78a of Title 15

and Tables.

The Federal Water Pollution Control Act, referred to in subsec.

(c)(7)(E), is act June 30, 1948, ch. 758, as amended generally by

Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is

classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33,

Navigation and Navigable Waters. For complete classification of

this Act to the Code, see Short Title note set out under section

1251 of Title 33 and Tables.

The Ocean Dumping Act, referred to in subsec. (c)(7)(E), probably

means title I of the Marine Protection, Research, and Sanctuaries

Act of 1972, Pub. L. 92-532, Oct. 23, 1972, 86 Stat. 1053, as

amended, which is classified generally to subchapter I (Sec. 1411

et seq.) of chapter 27 of Title 33. For complete classification of

title I to the Code, see Tables.

The Act to Prevent Pollution from Ships, referred to in subsec.

(c)(7)(E), is Pub. L. 96-478, Oct. 21, 1980, 94 Stat. 2297, as

amended, which is classified principally to chapter 33 (Sec. 1901

et seq.) of Title 33. For complete classification of this Act to

the Code, see Short Title note set out under section 1901 of Title

33 and Tables.

The Safe Drinking Water Act, referred to in subsec. (c)(7)(E), is

title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L.

93-523, Sec. 2(a), 88 Stat. 1660, as amended, which is classified

generally to subchapter XII (Sec. 300f et seq.) of chapter 6A of

Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 201 of Title 42 and Tables.

The Resources Conservation and Recovery Act, referred to in

subsec. (c)(7)(E), probably means the Resource Conservation and

Recovery Act of 1976, Pub. L. 94-580, Oct. 21, 1976, 90 Stat. 2796,

as amended, which is classified generally to chapter 82 (Sec. 6901

et seq.) of Title 42. For complete classification of this Act to

the Code, see Short Title of 1976 Amendment note set out under

section 6901 of Title 42 and Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (c)(6)(B). Pub. L. 107-273, Sec. 4005(d)(1),

substituted semicolon for period at end.

Subsec. (c)(7)(B)(ii). Pub. L. 107-273, Sec. 4002(b)(5)(A),

realigned margins.

Subsec. (c)(7)(D). Pub. L. 107-273, Sec. 4005(e), repealed Pub.

L. 107-56, Sec. 805(b). See 2001 Amendment note below.

Pub. L. 107-273, Sec. 4002(c)(2), substituted ''services),'' for

''services),,'' and ''Code,'' for ''Code,,''.

Pub. L. 107-273, Sec. 4002(b)(5)(B), struck out ''or'' at end.

Pub. L. 107-273, Sec. 4002(a)(11), made technical corrections to

directory language of Pub. L. 104-132, Sec. 726(2). See 1996

Amendment note below.

Subsec. (c)(7)(E). Pub. L. 107-273, Sec. 4002(b)(5)(C),

substituted ''; or'' for period at end.

Subsec. (c)(7)(F). Pub. L. 107-273, Sec. 4002(b)(5)(D),

substituted ''any'' for ''Any'' and semicolon for period at end.

2001 - Subsec. (b). Pub. L. 107-56, Sec. 317, inserted subsec.

heading, designated existing provisions as par. (1), inserted

heading and inserted '', or section 1957'' after ''or (a)(3)'' in

introductory provisions, redesignated former pars. (1) and (2) as

subpars. (A) and (B), respectively, of par. (1), realigned margins,

and added pars. (2) to (4).

Subsec. (c)(6). Pub. L. 107-56, Sec. 318, added par. (6) and

struck out former par. (6) which read as follows: ''the term

'financial institution' has the definition given that term in

section 5312(a)(2) of title 31, United States Code, or the

regulations promulgated thereunder;''.

Subsec. (c)(7)(B). Pub. L. 107-56, Sec. 315(1), substituted

''destruction of property by means of explosive or fire, or a crime

of violence (as defined in section 16)'' for ''or destruction of

property by means of explosive or fire'' in cl. (ii), inserted a

closing parenthesis after ''1978'' in cl. (iii), and added cls.

(iv) to (vi).

Subsec. (c)(7)(D). Pub. L. 107-56, Sec. 376, inserted ''or

2339B'' after ''2339A''. Pub. L. 107-56, Sec. 805(b), which amended

subpar. (D) identically, was repealed by Pub. L. 107-273, Sec.

4005(e).

Pub. L. 107-56, Sec. 315(2), inserted ''section 541 (relating to

goods falsely classified),'' before ''section 542'', ''section

922(l) (relating to the unlawful importation of firearms), section

924(n) (relating to firearms trafficking),'' before ''section

956'', ''section 1030 (relating to computer fraud and abuse),''

before ''1032'', and ''any felony violation of the Foreign Agents

Registration Act of 1938,'' before ''or any felony violation of the

Foreign Corrupt Practices Act''.

Subsec. (i). Pub. L. 107-56, Sec. 1004, added subsec. (i).

2000 - Subsec. (c)(7)(D). Pub. L. 106-569 inserted ''any

violation of section 543(a)(1) of the Housing Act of 1949 (relating

to equity skimming),'' after ''coupons having a value of not less

than $5,000,''.

1996 - Subsec. (c)(7)(B)(ii). Pub. L. 104-132, Sec. 726(1),

amended cl. (ii) generally. Prior to amendment, cl. (ii) read as

follows: ''kidnapping, robbery, or extortion; or''.

Subsec. (c)(7)(B)(iii). Pub. L. 104-294, Sec. 601(f)(6), struck

out one closing parenthesis after ''1978''.

Subsec. (c)(7)(D). Pub. L. 104-294, Sec. 604(b)(38), amended

directory language of Pub. L. 103-322, Sec. 320104(b). See 1994

Amendment note below.

Pub. L. 104-132, Sec. 726(2), as amended by Pub. L. 107-273, Sec.

4002(a)(11), inserted ''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),'' after ''an offense under'', ''section 351

(relating to congressional or Cabinet officer assassination),''

after ''section 215 (relating to commissions or gifts for procuring

loans),'', ''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),'' after ''798

(relating to espionage),'', ''section 956 (relating to conspiracy

to kill, kidnap, maim, or injure certain property in a foreign

country),'' after ''section 875 (relating to interstate

communications),'', ''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),'' after

''1032 (relating to concealment of assets from conservator,

receiver, or liquidating agent of financial institution),'',

''section 1361 (relating to willful injury of Government property),

section 1363 (relating to destruction of property within the

special maritime and territorial jurisdiction),'' after ''section

1203 (relating to hostage taking),'', ''section 1751 (relating to

Presidential assassination),'' after ''1708 (theft from the

mail),'', ''section 2280 (relating to violence against maritime

navigation), section 2281 (relating to violence against maritime

fixed platforms),'' after ''2114 (relating to bank and postal

robbery and theft),'', and substituted ''section 2320'' for ''or

section 2320'' and '', 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), or

section 2339A (relating to providing material support to

terrorists) of this title, section 46502 of title 49, United States

Code,'' for ''of this title''.

Subsec. (c)(7)(F). Pub. L. 104-191 added subpar. (F).

1994 - Subsec. (a)(2). Pub. L. 103-325, Sec. 413(c)(1)(A)(ii),

substituted ''transfer'' for ''transfer.'' in concluding provisions

and two times in subpar. (B).

Pub. L. 103-322, Sec. 330019(a)(3), and Pub. L. 103-325, Sec.

413(c)(1)(A)(i), amended par. (2) identically, inserting ''not more

than'' before ''$500,000'' in concluding provisions.

Subsec. (b). Pub. L. 103-325, Sec. 413(c)(1)(B), inserted ''or

(a)(3)'' after ''(a)(1)'' and substituted ''transfer'' for

''transfer.''

Subsec. (c)(7)(B)(ii). Pub. L. 103-322, Sec. 330021(1),

substituted ''kidnapping'' for ''kidnaping''.

Subsec. (c)(7)(B)(iii). Pub. L. 103-322, Sec. 330019(a)(1), and

Pub. L. 103-325, Sec. 413(c)(1)(C), each amended cl. (iii) by

inserting a closing parenthesis after ''1978''.

Subsec. (c)(7)(D). Pub. L. 103-322, Sec. 330019(b), and Pub. L.

103-325, Sec. 413(c)(1)(D), amended subpar. (D) identically,

substituting ''section 15 of the Food Stamp Act of 1977'' for

''section 9(c) of the Food Stamp Act of 1977''.

Pub. L. 103-322, Sec. 330011(l), and Pub. L. 103-325, Sec.

413(d), made identical amendments repealing Pub. L. 101-647, Sec.

3557(2)(E). See 1990 Amendment note below.

Pub. L. 103-322, Sec. 320104(b), as amended by Pub. L. 104-294,

Sec. 604(b)(38), substituted ''section 2319 (relating to copyright

infringement), or section 2320 (relating to trafficking in

counterfeit goods and services),'' for ''or section 2319 (relating

to copyright infringement)''.

Subsec. (c)(7)(E). Pub. L. 103-322, Sec. 330012, and Pub. L.

103-325, Sec. 413(c)(1)(E), amended subpar. (E) identically,

striking out second period at end.

Subsec. (e). Pub. L. 103-322, Sec. 330008(2), and Pub. L.

103-325, Sec. 413(c)(1)(F), amended subsec. (e) identically,

substituting ''Environmental Protection Agency'' for ''Evironmental

Protection Agency''.

Subsec. (g). Pub. L. 103-325, Sec. 411(c)(2)(E), in subsec. (g)

relating to notice of conviction of financial institutions,

substituted ''section 5322 or 5324 of title 31'' for ''section 5322

of title 31''.

Pub. L. 103-322, Sec. 330019(a)(2), and Pub. L. 103-325, Sec.

413(c)(1)(G), made identical amendments redesignating subsec. (g)

relating to penalty for money laundering conspiracies as (h).

Subsec. (h). Pub. L. 103-322, Sec. 330019(a)(2), and Pub. L.

103-325, Sec. 413(c)(1)(G), made identical amendments redesignating

subsec. (g) relating to penalty for money laundering conspiracies

as (h).

1992 - Subsec. (a)(2). Pub. L. 102-550, Sec. 1531(a), substituted

''transportation, transmission, or transfer.'' for

''transportation'' wherever appearing in subpar. (B) and concluding

provisions.

Subsec. (a)(3). Pub. L. 102-550, Sec. 1531(b), in concluding

provisions, substituted ''property represented to be the proceeds''

for ''property represented by a law enforcement officer to be the

proceeds''.

Subsec. (b). Pub. L. 102-550, Sec. 1531(a), substituted

''transportation, transmission, or transfer.'' for

''transportation'' in introductory provisions.

Subsec. (c)(3). Pub. L. 102-550, Sec. 1527(a)(2), inserted ''use

of a safe deposit box,'' before ''or any other payment''.

Subsec. (c)(4)(A). Pub. L. 102-550, Sec. 1527(a)(1), added clause

(iii), struck out ''which in any way or degree affects interstate

or foreign commerce,'' after ''or aircraft,'' and inserted ''which

in any way or degree affects interstate or foreign commerce'' after

''(A) or transaction''.

Subsec. (c)(6). Pub. L. 102-550, Sec. 1526(a), substituted ''or

the regulations'' for ''and the regulations''.

Subsec. (c)(7)(B). Pub. L. 102-550, Sec. 1536, designated part of

existing provisions as cl. (i) and added cls. (ii) and (iii).

Subsec. (c)(7)(D). Pub. L. 102-550, Sec. 1524, 1534(1), (2),

struck out ''1341 (relating to mail fraud) or section 1343

(relating to wire fraud) affecting a financial institution, section

1344 (relating to bank fraud),'' after ''hostage taking),'',

inserted ''section 1708 (theft from the mail),'' before ''section

2113'', substituted ''section 422 of the Controlled Substances

Act'' for ''section 1822 of the Mail Order Drug Paraphernalia

Control Act (100 Stat. 3207-51; 21 U.S.C. 857)'', and struck out

''or'' before ''section 16''.

Pub. L. 102-550, Sec. 1534(3), which directed insertion of '',

any felony violation of section 9(c) of the Food Stamp Act of 1977

(relating to food stamp fraud) involving a quantity of coupons

having a value of not less than $5,000, or any felony violation of

the Foreign Corrupt Practices Act'' before semicolon, was executed

by making insertion before semicolon at end to reflect the probable

intent of Congress.

Subsec. (g). Pub. L. 102-550, Sec. 1530, added subsec. (g)

relating to penalty for money laundering conspiracies.

Pub. L. 102-550, Sec. 1504(c), added subsec. (g) relating to

notice of conviction of financial institutions.

1990 - Subsec. (a)(2). Pub. L. 101-647, Sec. 108(1), inserted at

end ''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.''

Subsec. (a)(3). Pub. L. 101-647, Sec. 108(2), inserted ''and

paragraph (2)'' after ''this paragraph'' in last sentence.

Subsec. (c)(1). Pub. L. 101-647, Sec. 106, substituted ''State,

Federal, or foreign'' for ''State or Federal''.

Subsec. (c)(4). Pub. L. 101-647, Sec. 1402, inserted ''(A)''

before ''a transaction'' the first place it appears, ''(B)'' before

''a transaction'' the second place it appears, ''(i)'' before

''involving'' the first place it appears, and ''(ii)'' before

''involving'' the second place it appears.

Subsec. (c)(5). Pub. L. 101-647, Sec. 105, amended par. (5)

generally. Prior to amendment, par. (5) read as follows: ''the

term 'monetary instruments' means coin or currency of the United

States or of any other country, travelers'' checks, personal

checks, bank checks, money orders, investment securities in bearer

form or otherwise in such form that title thereto passes upon

delivery, and negotiable instruments in bearer form or otherwise in

such form that title thereto passes upon delivery;''.

Subsec. (c)(7)(A). Pub. L. 101-647, Sec. 3557(1), substituted

''subchapter II of chapter 53 of title 31'' for ''the Currency and

Foreign Transactions Reporting Act''.

Subsec. (c)(7)(C). Pub. L. 101-647, Sec. 1404(a)(1), struck out

''or'' at end.

Subsec. (c)(7)(D). Pub. L. 101-647, Sec. 3557(2)(A)-(D),

substituted ''section 2113'' for ''or section 2113'', substituted

''theft), or'' for ''theft) of this title,'', inserted ''of this

title'' after ''2319 (relating to copyright infringement)'', and

substituted ''paraphernalia'' for ''paraphenalia''.

Pub. L. 101-647, Sec. 3557(2)(E), which directed the amendment of

subpar. (D) by striking the final period, was repealed by Pub. L.

103-322, Sec. 330011(l), and Pub. L. 103-325, Sec. 413(d).

Pub. L. 101-647, Sec. 2506(2), inserted ''section 1341 (relating

to mail fraud) or section 1343 (relating to wire fraud) affecting a

financial institution,'' after ''section 1203 (relating to hostage

taking),''.

Pub. L. 101-647, Sec. 2506(1), inserted ''section 1005 (relating

to fraudulent bank entries), 1006 (relating to fraudulent Federal

credit institution entries), 1007 (relating to Federal Deposit

Insurance transactions), 1014 (relating to fraudulent loan or

credit applications), 1032 (relating to concealment of assets from

conservator, receiver, or liquidating agent of financial

institution),'' after ''section 875 (relating to interstate

communications),''.

Pub. L. 101-647, Sec. 1404(a)(2), inserted ''; or'' after

''Trading with the Enemy Act'' at end.

Pub. L. 101-647, Sec. 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, Sec. 1404(a)(2), amended par.

(7) by inserting ''; or'' and subpar. (E) before the period.

Subsec. (c)(8). Pub. L. 101-647, Sec. 1205(j), added par. (8).

Subsec. (e). Pub. L. 101-647, Sec. 1404(b), inserted at end

''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 Evironmental

(sic) Protection Agency.''

1988 - Subsec. (a)(1)(A). Pub. L. 100-690, Sec. 6471(a), amended

subpar. (A) generally, designating existing provisions as cl. (i)

and adding cl. (ii).

Subsec. (a)(2). Pub. L. 100-690, Sec. 6471(b), substituted

''transports, transmits, or transfers, or attempts to transport,

transmit, or transfer'' for ''transports or attempts to transport''

in introductory provisions.

Subsec. (a)(3). Pub. L. 100-690, Sec. 6465, added par. (3).

Subsec. (c)(7)(D). Pub. L. 100-690, Sec. 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, Sec. 6466, inserted ''section 542 (relating to

entry of goods by means of false statements),'', ''section 549

(relating to removing goods from Customs custody),'', and ''section

2319 (relating to copyright infringement), 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 transportation of drug paraphenalia

(sic)),''.

Pub. L. 100-690, Sec. 6183, substituted ''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, or section 16 (relating to offenses and

punishment) of the Trading with the Enemy Act.'' for ''section 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

Trading with the Enemy Act (50 U.S.C. App. 3)''.

Subsec. (e). Pub. L. 100-690, Sec. 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 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.'' 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.''

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-273, div. B, title IV, Sec. 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, Sec. 4005(e), Nov. 2, 2002,

116 Stat. 1813, provided that the amendment made by section 4005(e)

is effective Oct. 26, 2001.

TERMINATION DATE OF 2001 AMENDMENT

Amendments by title III of Pub. L. 107-56 to terminate effective

on and after the first day of fiscal year 2005 if Congress enacts a

joint resolution that such amendments no longer have the force of

law, see section 303 of Pub. L. 107-56, set out as a Four-Year

Congressional Review; Expedited Consideration note under section

5311 of Title 31, Money and Finance.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 604(b)(38) of Pub. L. 104-294 effective

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

Section 330011(l) of Pub. L. 103-322 and section 413(d) of Pub.

L. 103-325 provided that the repeal of section 3557(2)(E) of Pub.

L. 101-647 made by those sections is effective as of the date of

enactment of Pub. L. 101-647, which was approved Nov. 29, 1990.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 981, 982, 986, 1510,

1952, 1957, 1961, 2332d, 2516, 3322 of this title; title 8 sections

1101, 1182; title 12 sections 93, 1464, 1772d, 1785, 1786, 1818,

1821, 1829, 3105, 3413, 3420; title 19 section 1583; title 22

section 2714; title 26 section 6050I; title 28 sections 524, 2467;

title 31 sections 5328, 9703.

-CITE-

18 USC Sec. 1957 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 95 - RACKETEERING

-HEAD-

Sec. 1957. Engaging in monetary transactions in property derived

from specified unlawful activity

-STATUTE-

(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 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,

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 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.

(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 section 1956 of this title),

including any transaction 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

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.

-SOURCE-

(Added Pub. L. 99-570, title I, Sec. 1352(a), Oct. 27, 1986, 100

Stat. 3207-21; amended Pub. L. 100-690, title VI, Sec. 6182, 6184,

6469(a)(2), Nov. 18, 1988, 102 Stat. 4354, 4377; Pub. L. 102-550,

title XV, Sec. 1526(b), 1527(b), Oct. 28, 1992, 106 Stat. 4065;

Pub. L. 103-322, title XXXIII, Sec. 330020, Sept. 13, 1994, 108

Stat. 2149; Pub. L. 103-325, title IV, Sec. 413(c)(2), Sept. 23,

1994, 108 Stat. 2255.)

-MISC1-

AMENDMENTS

1994 - Subsec. (f)(1). Pub. L. 103-322, Sec. 330020, and Pub. L.

103-325, Sec. 413(c)(2), amended par. (1) identically, striking out

second comma after ''(as defined in section 1956 of this title)''.

1992 - Subsec. (f)(1). Pub. L. 102-550 substituted ''section 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, Sec. 6469(a)(2), 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 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.'' 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, Sec. 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 necessary to preserve a

person's right to representation as guaranteed by the sixth

amendment to the Constitution''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 981, 982, 986, 1510,

1952, 1956, 1961, 2516, 3322 of this title; title 8 sections 1101,

1182; title 12 sections 93, 1464, 1772d, 1785, 1786, 1818, 1821,

1829, 3105, 3413, 3420; title 22 section 2714; title 26 section

6050I; title 28 section 524; title 31 sections 5328, 9703.

-CITE-

18 USC Sec. 1958 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 95 - RACKETEERING

-HEAD-

Sec. 1958. Use of interstate commerce facilities in the commission

of murder-for-hire

-STATUTE-

(a) Whoever travels in or causes another (including the intended

victim) to travel in interstate or foreign commerce, or uses or

causes another (including the intended victim) to use the mail or

any facility in interstate or foreign commerce, 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 agreement 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 negotiable instrument, a commercial

interest, or anything else the primary significance of which is

economic advantage;

(2) ''facility of interstate commerce'' includes means of

transportation and communication; and

(3) ''State'' includes a State of the United States, the

District of Columbia, and any commonwealth, territory, or

possession of the United States.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 1002(a), Oct. 12, 1984, 98

Stat. 2136, Sec. 1952A; renumbered Sec. 1958 and amended Pub. L.

100-690, title VII, Sec. 7053(a), 7058(b), Nov. 18, 1988, 102 Stat.

4402, 4403; Pub. L. 101-647, title XII, Sec. 1205(k), title XXXV,

Sec. 3558, Nov. 29, 1990, 104 Stat. 4831, 4927; Pub. L. 103-322,

title VI, Sec. 60003(a)(11), title XIV, Sec. 140007(b), title

XXXII, Sec. 320105, title XXXIII, Sec. 330016(1)(L), (N), (Q),

Sept. 13, 1994, 108 Stat. 1969, 2033, 2111, 2147, 2148; Pub. L.

104-294, title VI, Sec. 601(g)(3), 605(a), Oct. 11, 1996, 110 Stat.

3500, 3509.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-294 substituted comma for ''or

who conspires to do so'' after ''or who conspires to do so'' and

substituted ''this title or imprisoned'' for ''this title and

imprisoned'' before ''for not more than twenty years''.

1994 - Pub. L. 103-322, Sec. 330016(1)(Q), which directed the

amendment of this section by substituting ''under this title'' for

''not more than $50,000'', could not be executed because the phrase

''not more than $50,000'' did not appear in text subsequent to

amendment of subsec. (a) by Pub. L. 103-322, Sec. 60003(a)(11). See

below.

Subsec. (a). Pub. L. 103-322, Sec. 330016(1)(N), substituted

''fined under this title'' for ''fined not more than $20,000''

after ''injury results, shall be''.

Pub. L. 103-322, Sec. 330016(1)(L), substituted ''fined under

this title'' for ''fined not more than $10,000'' before ''or

imprisoned for not more than ten years''.

Pub. L. 103-322, Sec. 140007(b), 320105, each amended subsec. (a)

by inserting ''or who conspires to do so'' after ''anything of

pecuniary value,''.

Pub. L. 103-322, Sec. 60003(a)(11), substituted ''and if death

results, shall be punished by death or life imprisonment, or shall

be fined not more than $250,000, or both'' for ''and if death

results, shall be subject to imprisonment for any term of years or

for life, or shall be fined not more than $50,000, or both'' before

period at end.

1990 - Subsec. (b). Pub. L. 101-647, Sec. 3558, substituted

''section 1959'' for ''section 1952B'' in introductory provisions.

Subsec. (b)(3). Pub. L. 101-647, Sec. 1205(k), added par. (3).

1988 - Pub. L. 100-690, Sec. 7053(a), renumbered section 1952A of

this title as this section.

Subsec. (a). Pub. L. 100-690, Sec. 7058(b), substituted ''ten

years'' for ''five years''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1961, 2332b, 2516 of this

title.

-CITE-

18 USC Sec. 1959 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 95 - RACKETEERING

-HEAD-

Sec. 1959. Violent crimes in aid of racketeering activity

-STATUTE-

(a) Whoever, as consideration for the receipt of, or as

consideration for a promise or agreement to pay, anything of

pecuniary value from an enterprise engaged in racketeering

activity, or for the purpose of gaining entrance to or maintaining

or increasing position in an enterprise engaged in racketeering

activity, murders, kidnaps, maims, assaults with a dangerous

weapon, commits assault resulting in serious bodily injury upon, or

threatens to commit a crime of violence against any individual in

violation of the laws of any State or the United States, or

attempts or conspires so to do, shall be punished -

(1) for murder, by death or life imprisonment, or a fine under

this title, or both; and for kidnapping, by imprisonment for any

term of years or for life, or a fine under this title, or both;

(2) for maiming, by imprisonment for not more than thirty years

or a fine under this title, or both;

(3) for assault with a dangerous weapon or assault resulting in

serious bodily injury, by imprisonment for not more than twenty

years or a fine under this title, or both;

(4) for threatening to commit a crime of violence, by

imprisonment for not more than five years or a fine under this

title, or both;

(5) for attempting or conspiring to commit murder or

kidnapping, by imprisonment for not more than ten years or a fine

under this title, or both; and

(6) for attempting or conspiring to commit a crime involving

maiming, assault with a dangerous weapon, or assault resulting in

serious bodily injury, by imprisonment for not more than three

years or a fine of (FOOTNOTE 1) under this title, or both.

(FOOTNOTE 1) So in original. The word ''of'' probably should

not appear.

(b) As used in this section -

(1) ''racketeering activity'' has the meaning set forth in

section 1961 of this title; and

(2) ''enterprise'' includes any partnership, corporation,

association, or other legal entity, and any union or group of

individuals associated in fact although not a legal entity, which

is engaged in, or the activities of which affect, interstate or

foreign commerce.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 1002(a), Oct. 12, 1984, 98

Stat. 2137, Sec. 1952B; renumbered Sec. 1959, Pub. L. 100-690,

title VII, Sec. 7053(b), Nov. 18, 1988, 102 Stat. 4402; Pub. L.

103-322, title VI, Sec. 60003(a)(12), title XXXIII, Sec.

330016(1)(J), (2)(C), 330021(1), Sept. 13, 1994, 108 Stat. 1969,

2147, 2148, 2150.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(1). Pub. L. 103-322, Sec. 330016(2)(C),

substituted ''fine under this title'' for ''fine of not more than

$250,000'' in two places.

Pub. L. 103-322, Sec. 60003(a)(12), amended par. (1) generally.

Prior to amendment, par. (1) read as follows:

''(1) for murder or kidnaping, by imprisonment for any term of

years or for life or a fine of not more than $50,000, or both;''.

Subsec. (a)(2) to (4). Pub. L. 103-322, Sec. 330016(2)(C),

substituted ''fine under this title'' for ''fine of not more than

$30,000'' in par. (2), ''fine of not more than $20,000'' in par.

(3), and ''fine of not more than $5,000'' in par. (4).

Subsec. (a)(5). Pub. L. 103-322, Sec. 330021(1), substituted

''kidnapping'' for ''kidnaping''.

Pub. L. 103-322, Sec. 330016(2)(C), substituted ''fine under this

title'' for ''fine of not more than $10,000''.

Subsec. (a)(6). Pub. L. 103-322, Sec. 330016(1)(J), substituted

''under this title'' for ''not more than $3,000'' after ''fine

of''.

1988 - Pub. L. 100-690 renumbered section 1952B of this title as

this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1958, 2516 of this title.

-CITE-

18 USC Sec. 1960 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 95 - RACKETEERING

-HEAD-

Sec. 1960. Prohibition of unlicensed money transmitting businesses

-STATUTE-

(a) Whoever knowingly conducts, controls, manages, supervises,

directs, or owns all or part of an unlicensed money transmitting

business, shall be fined in accordance with this title or

imprisoned not more than 5 years, or both.

(b) As used in this section -

(1) the term ''unlicensed money transmitting business'' means a

money transmitting business which affects interstate or foreign

commerce in any manner or degree and -

(A) is operated without an appropriate money transmitting

license in a State where such operation is punishable as a

misdemeanor or a felony under State law, whether or not the

defendant knew that the operation was required to be licensed

or that the operation was so punishable;

(B) fails to comply with the money transmitting business

registration requirements under section 5330 of title 31,

United States Code, or regulations prescribed under such

section; or

(C) otherwise involves the transportation or transmission of

funds that are known to the defendant to have been derived from

a criminal offense or are intended to be used to be used

(FOOTNOTE 1) to promote or support unlawful activity;

(FOOTNOTE 1) So in original.

(2) the term ''money transmitting'' includes transferring funds

on behalf of the public by any and all means including but not

limited to transfers within this country or to locations abroad

by wire, check, draft, facsimile, or courier; and

(3) the term ''State'' means any State of the United States,

the District of Columbia, the Northern Mariana Islands, and any

commonwealth, territory, or possession of the United States.

-SOURCE-

(Added Pub. L. 102-550, title XV, Sec. 1512(a), Oct. 28, 1992, 106

Stat. 4057; amended Pub. L. 103-325, title IV, Sec. 408(c), Sept.

23, 1994, 108 Stat. 2252; Pub. L. 107-56, title III, Sec. 373(a),

Oct. 26, 2001, 115 Stat. 339.)

-MISC1-

AMENDMENTS

2001 - Pub. L. 107-56 amended section catchline and text

generally, substituting provisions relating to prohibition of

unlicensed money transmitting businesses for similar provisions

relating to prohibition of illegal money transmitting businesses.

1994 - Subsec. (b)(1). Pub. L. 103-325 amended par. (1)

generally. Prior to amendment, par. (1) read as follows:

''(1) the term 'illegal money transmitting business' means a

money transmitting business that affects interstate or foreign

commerce in any manner or degree and which is knowingly operated in

a State -

''(A) without the appropriate money transmitting State license;

and

''(B) where such operation is punishable as a misdemeanor or a

felony under State law;''.

TERMINATION DATE OF 2001 AMENDMENT

Amendments by title III of Pub. L. 107-56 to terminate effective

on and after the first day of fiscal year 2005 if Congress enacts a

joint resolution that such amendments no longer have the force of

law, see section 303 of Pub. L. 107-56, set out as a Four-Year

Congressional Review; Expedited Consideration note under section

5311 of Title 31, Money and Finance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 981, 982, 986, 1956 of

this title; title 12 sections 1786, 1818; title 31 section 5328.

-CITE-