Page:United States Statutes at Large Volume 106 Part 5.djvu/426

 106 STAT. 4064 PUBLIC LAW 102-550—OCT. 28, 1992 "(a) At any time after the commencement of any action for forfeiture in rem brought by the United States under section 1956, 1957, or 1960 of this title, section 5322 of title 31, United States Code, or the Controlled Substances Act, any party may request the Clerk of the Court in the district in which the proceeding is pending to issue a subpoena duces tecum to any financial institution, as defined in section 5312(a) of title 31, United States Code, to produce books, records and any other documents at any place designated by the requesting party. All parties to the proceeding shall be notified of the issuance of any such subpoena. The procedures and limitations set forth in section 985 of this title shall apply to subpoenas issued under this section. Mail. "(b) Service of a subpoena issued pursuant to this section shall be by certified mail. Records produced in response to such a subpoena may be produced in person or by mail, common carrier, or such other method as may be agreed upon by the party requesting the subpoena and the custodian of records. The party requesting the subpoena may require the custodian of records to submit an affidavit certifying the authenticity and completeness of the records and explaining the omission of any record called for in the subpoena. "(c) Nothing in this section shall preclude any party from pursuing any form of discovery pursuant to the Federal Rules of Civil Procedure.". (b) CONFORMING AMENDMENT.—The chapter analysis for chapter 46 of title 18, United States Code, is amended by adding at the end the following: "^SS. Subpoenas for bank records.". SEC. 1524. DELETION OF REDUNDANT AND INADVERTENTLY LIMIT. ING PROVISION IN 18 U.S.C. 1956. Section 1956(c)(7)(D) of title 18, United States Code, is amended— (1) by striking "section 1341 (relating to mail fraud) or section 1343 (relating to wire fraud) affecting a financial institution, section 1344 (relating to bank fraud),"; and (2) by striking "section 1822 of the Mail Order Drug Paraphernalia Control Act (100 Stet. 3207-51; 21 U.S.C. 857)" and inserting "section 422 of the Controlled Substances Act". SEC. 1525. STRUCTURING TRANSACTIONS TO EVADE CMIR REQUIRE- MENT. (a) IN GENERAL. —Section 5324 of title 31, United States Code, is amended— (1) by inserting "(a) DOMESTIC COIN AND CURRENCY TRANS- ACTIONS.—" before "No person"; and (2) by adding at the end the following: "(b) INTERNATIONAL MONETARY INSTRUMENT TRANSACTIONS.- No person shall, for the purpose of evading the reporting requirements of section 5316— "(1) fail to file a report required by section 5316, or cause or attempt to cause a person to fail to file such a report; "(2) file or cause or attempt to cause a person to file a report required under section 5316 that contems a material omission or misstatement of fact; or
 * § 986. Subpoenas for bank records

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