Page:United States Statutes at Large Volume 100 Part 4.djvu/298

 100 STAT. 3207-19

PUBLIC LAW 99-570—OCT. 27, 1986

"(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 represent the proceeds of some form of unlawful activity and knowing that such transportation is de• signed 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 $500,000 or twice the value of the monetary instrument or funds involved in the transportation, whichever is greater, or imprisonment for not more than twenty .5i-Tass q, iv years, or both. "(b) Whoever conducts or attempts to conduct a transaction described in subsection (a)(1), or a transportation described in subsection (a)(2), is liable to the United States for a civil penalty of not more than the greater of— "(1) the value of the property, funds, or monetary instruments involved in the transaction; or "(2) $10,000. "(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 unlaw' ' ful activity' means that the person knew the property involved ^.,' in the transaction represented proceeds from some form, though v., not necessarily which form, of activity that constitutes a felony -mn: «i. fj-, r under State or Federal 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, exten08U sion of credit, purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, 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 transaction involving the movement of funds by wire or other means or involving one or more monetary instruments, which in any way or degree affects interstate or foreign commerce, or 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 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; "(6) the term 'financial institution' has the definition given that term in section 5312(a)(2) of title 31, United States C!ode, and the regulations promulgated thereunder; ^„. ^ „.

�