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Money Laundering - Proceeds of a Specified Unlawful Activity Defined (revised 2013)

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US-3RDCIR-6-18-1956-3-CR
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Money Laundering - Proceeds of a Specified Unlawful Activity Defined (revised 2013) Source: http://www.ca3.uscourts.gov/model-criminal-jury-table-contents-and-instructions

Money Laundering — Proceeds of a Specified Unlawful Activity Defined (revised 2013) is a term used to describe the practice of illegally obtaining money and disguising it as legitimate income. It is also referred to as ‘laundering’. Money laundering is often done by criminals who have acquired their money through unlawful activities such as drug trafficking, prostitution, fraud, extortion, embezzlement and bribery. There are four main types of money laundering: placement, layering, integration and reinvestment. Placement involves transferring money from the original source to another financial institution. Layering is the process of converting the illegally obtained money into other forms such as investments or assets to obscure its origin. Integration involves introducing the illegally obtained funds back into the financial system by making them appear to be legitimate. Finally, reinvestment is the process of using the money to generate more income. Money laundering activities are prohibited and punishable under the Anti-Money Laundering (AML) laws of many countries. It is important for financial institutions to implement measures to detect and prevent money laundering activities. These include customer due diligence, KYC (Know Your Customer) checks, suspicious activity monitoring and reporting.

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FAQ

Jail time: A minimum sentence of 16 months and up to four years in jail. Fine: The fine is up to $250,000, or twice the amount of money laundered. For the purposes of calculating the fine, the court imposes the higher of the two amounts.

See §§ 1956(c)(7)(A), 1957(f)(3), and 1961(1)(B) ("Specified unlawful activity" is defined as any act or activity constituting an offense listed in section 1961(1), which includes both mail and wire fraud statutes.).

Specified unlawful activities include over 250 crimes in six categories: (1) most RICO predicate offenses; (2) certain offenses against foreign nations; (3) acts constituting a criminal enterprise under the Controlled Substances Act; (4) miscellaneous offenses against persons and property; (5) federal health care

§1956. Laundering of monetary instruments. (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.

See §§ 1956(c)(7)(A), 1957(f)(3), and 1961(1)(B) ("Specified unlawful activity" is defined as any act or activity constituting an offense listed in section 1961(1), which includes both mail and wire fraud statutes.).

To be sure, 18 U.S.C. §1956 criminalizes financial transactions that satisfy the conventional understanding of money laundering-namely, transactions intended ?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.

Money Laundering - Engaging in Monetary Transactions in Property Derived From Specified Unlawful Activity.

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§ 1961(1)). Section 1956(c)(7)(B) includes in the list of specified unlawful activity certain offenses against a foreign nation.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. Laundering of monetary instruments. Money-laundering is the processing of criminal proceeds to disguise their illegal origin. Money laundering conceals the source of illegal proceeds so that the money can be used without detection of its criminal source. Activity, including the crimes that gener- ate the money itself, such as drug traf- ficking. Money Laundering Act of 2020 (the "AML Act"). These proceeds, regardless of how defined, must be the result of a "specified unlawful activity. Conducting the money laundering transaction knew that the proceeds were from a specified form of illegal activity.

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Money Laundering - Proceeds of a Specified Unlawful Activity Defined (revised 2013)