MONEY LAUNDERING

Money Laundering is "[t]he act of transferring illegally obtained money through legitimate people or accounts so that its original source cannot be traced." Black's Law Dictionary 1027 (8th ed. 2005). It is a crime that is often committed along with some other wrongful act. The defendant, therefore, will often be prosecuted under a number of statutes. For example, see United States v. Moloney, 287 F.3d 236 (2d Cir. 2002) (defendant pled guilty to eight counts of mail fraud, five counts of wire fraud, one count of bank fraud, and one count of money laundering under 18 U.S.C. § 1956); United States v. Evans, 272 F.3d 1069 (8th Cir. 2001) (defendant charged with multiple counts relating to transporting individuals in interstate commerce for prostitution, money laundering under 18 U.S.C. § 1956, and conspiracy to commit those offenses); United States v. Bearden, 265 F.3d 732 (8th Cir. 2001) (defendant charged with conspiracy to commit mail fraud, two counts of mail fraud, one count of money laundering under 18 U.S.C. § 1957, and four counts of money laundering under 18 U.S.C. § 1956); United States v. Dennis, 237 F.3d 1295 (11th Cir. 2001) (defendant convicted of five counts of bankruptcy fraud, twenty-nine counts of money laundering under 18 U.S.C. § 1956, two counts of wire fraud, and one count of bank fraud); United States v. Ladum, 141 F.3d 1328 (9th Cir. 1998) (defendant convicted on various tax fraud, bankruptcy fraud, and money laundering charges).

Today's money laundering statutes apply equally to the individual or organization seeking to launder money and to the individual or organization offering a method to convert money gained from illegal activities into money that appears to have been legally earned. Furthermore, given money laundering's linkage to international terrorism, aggressive prosecutions of money launderers across the globe is not inconceivable as long as the United States is somehow affected. See generally, Marian Hagler, International Money Laundering and U.S. Law: A Need to "Know-Your-Partner," 31 SYRACUSE J. INT'L L. & COM. 227 (2004); Walter Perkel, Note: Money Laundering and Terrorism: Informal Transfer Systems, 41 AM. CRIM. L. REV. 183 (2004). Therefore, it is of utmost importance to be aware of the money laundering statutes, and know that the United States is aggressively prosecuting it.
There are two operative money laundering statutes: 18 U.S.C. §§ 1956 and 1957.

18 U.S.C. § 1956 (2007)

The CrimeThere are quite a few ways to violate section 1956.

Section 1956(a)(1)Under subsection (a)(1) it is a crime for a person, "knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity" to:
conduct or attempt to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activity-
with the intent

to promote the carrying on of specified unlawful activity, 18 U.S.C. § 1956(a)(1)(A)(i); or
with intent to engage in conduct constituting a violation 26 U.S.C. §§ 7201 or 7206 (relating to the Internal Revenue Code), 18 U.S.C. § 1956(a)(1)(A)(ii) ; or
knowing that the transaction is designed in whole or in part-
to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity, 18 U.S.C. § 1956(a)(1)(B)(i); or
to avoid a transaction reporting requirement under State or Federal law. Id. § 1956(a)(1)(B)(ii).

Section 1956(a)(2)Under subsection (a)(2), it is a crime for a person to
transport, transmit, or transfer, (or attempt 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-
with the intent to promote the carrying on of specified unlawful activity, 18 U.S.C. § 1956(a)(2)(A); or
knowing that the monetary instrument or funds involved in the transportation, transmitting 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-
to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity, Id. § 1956(a)(2)(B)(i); or
to avoid a transaction reporting requirement under State or Federal law. Id. § 1956(a)(2)(B)(ii).

Section 1956(a)(3)Under subsection (a)(3), it is a crime for a person to have the intent to
promote the carrying on of specified unlawful activity, 18 U.S.C. § 1956(a)(3)(A);
conceal or disguise the nature, location, source, ownership, or control of property believed to be the proceeds of specified unlawful activity, Id. § 1956(a)(3)(B); or
avoid a transaction reporting requirement under State or Federal law, Id. § 1956(a)(3)(C),

and
conduct or attempt 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. Id. § 1956(a)(3).



The PunishmentThe punishment for a violation of 18 U.S.C. § 1956(a)(1) is


a fine of not more than $ 500,000 or twice the value of the property involved in the transaction, whichever is greater,
imprisonment for not more than twenty years,
or both. 18 U.S.C. § 1956(a)(1)(B)(ii)
The punishment for a violation of 18 U.S.C. § 1956(a)(2) is
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,
imprisonment for not more than twenty years,
or both. 18 U.S.C. § 1956(a)(2)
For the purpose of the offense described in 18 U.S.C. § 1956(a)(2)(B), the defendant's knowledge may be established by proof that a law enforcement officer represented the matter specified in 18 U.S.C. § 1956(a)(2)(B) as true, and the defendant's subsequent statements or actions indicate that the defendant believed such representations to be true. 18 U.S.C. § 1956(a)(2)(B)(ii).
The punishment for a violation of 18 U.S.C. § 1956(a)(3) is
a fine under this title
imprisonment for not more than 20 years
or both. 18 U.S.C. § 1956(a)(3)(C).
For purposes of 18 U.S.C. §§ 1956(a)(3) and (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. 18 U.S.C. § 1956(a)(3)(C).
In addition to the criminal penalties, there are civil penalties owed to the United States for violations of 18 U.S.C. §§ 1956 or 1957. The penalty in this situation is not more than the greater of

the value of the property, funds, or monetary instruments involved in the transaction, 18 U.S.C. § 1956(b)(1)(A); or
$ 10,000. Id. § 1956(b)(1)(B).
Furthermore, a district court dealing with foreign persons can 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. 18 U.S.C. § 1956(b)(3).
Finally, a district court dealing with a foreign person can also appoint a Federal Receiver 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 18 U.S.C. §§ 981 or 982, or a criminal sentence under 18 U.S.C. §§ 1956(a) or 1957, including an order of restitution to any victim of a specified unlawful activity. 18 U.S.C. § 1956(b)(4).

Definitions
"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 18 U.S.C. § 1956(c)(7). 18 U.S.C. § 1956(c)(1).
"conducts" includes initiating, concluding, or participating in initiating, or concluding a transaction. Id. § 1956(c)(2);
"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. Id. § 1956(c)(3).
"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. Id. § 1956(c)(4).
"monetary instruments" means
coin or currency of the United States or of any other country, travelers' checks, personal checks, bank checks, and money orders, Id. § 1956(c)(5)(i),
investment securities or negotiable instruments, in bearer form or otherwise in such form that title thereto passes upon delivery. Id. § 1956(c)(5)(ii);

the term "financial institution" includes-
any financial institution, as defined in 31 U.S.C. § 5312(a)(2) or the regulations promulgated thereunder, Id. § 1956(c)(6)(A); and
any foreign bank, as defined in section 1 of the International Banking Act of 1978 (12 U.S.C. 3101). 18 U.S.C. § 1956(c)(6)(B).
 "State" includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. Id. § 1956(c)(8)....................

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