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Sec. 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 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
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Sec. 1956. - Laundering of monetary instrumentsSearch the Statutes
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