8.148 Transporting Funds to Promote Unlawful Activity (18 U.S.C. Sec. 1956(a)(2)(A)) is a criminal statute that prohibits the transportation, transmission, or transfer of funds with the knowledge or intent that it will be used to facilitate certain types of criminal activity. This statute applies to all forms of transporting funds, including through wire transfers, checks, and bank deposits. The types of criminal activity that this statute covers include drug trafficking, money laundering, bribery, terrorism, tax evasion, counterfeiting, and other forms of organized crime. The statute also applies to the transportation of funds to or from the United States. In order to prove a violation of this statute, the government must establish that the defendant knew or had reason to know that the funds were intended to be used to promote or facilitate illegal activity. The government must also prove that the defendant had the intent to engage in such activity.
8.148 Transporting Funds to Promote Unlawful Activity (18 U.S.C. Sec. 1956(a)(2)(A)
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FAQ
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.
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.).
Violations of § 1956 have a maximum potential twenty year prison sentence and a $500,000 fine or twice the amount involved in the transaction, whichever is greater. The general sentencing provisions in 18 U.S.C.
§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.
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.
Specific Unlawful Activity Most common are crimes involving drug trafficking, fraud, bribery, sex trafficking, smuggling, or racketeering.
Its companion, 18 U.S.C. § 1957, prohibits depositing or spending more than $10,000 of the proceeds from a predicate offense. Section 1956 violations are punishable by imprisonment for not more than 20 years. Section 1957 carries a maximum penalty of imprisonment for 10 years.
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.