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31 U.S.C. § 5321 — Civil penalties

Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 5321 — Civil penalties

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Source location: Title 31, Chapter 53, § 5321; chapter-053-monetary-transactions.md

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**(a)** (1) A domestic financial institution or nonfinancial trade or business, and a partner, director, officer, or employee of a domestic financial institution or nonfinancial trade or business, willfully violating this subchapter or a regulation prescribed or order issued under this subchapter (except sections 5314, 5315, and 5336 of this title or a regulation prescribed under sections 5314, 5315, and 5336), or willfully violating a regulation prescribed under section 21 of the Federal Deposit Insurance Act or section 123 of Public Law 91–508, is liable to the United States Government for a civil penalty of not more than the greater of the amount (not to exceed $100,000) involved in the transaction (if any) or $25,000. For a violation of [section 5318(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section5318/a/2&num=0&edition=prelim) or a regulation prescribed under section 5318(a)(2), a separate violation occurs for each day the violation continues and at each office, branch, or place of business at which a violation occurs or continues. (2) The Secretary of the Treasury may impose an additional civil penalty on a person not filing a report, or filing a report containing a material omission or misstatement, under [section 5316 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section5316&num=0&edition=prelim) or a regulation prescribed under section 5316. A civil penalty under this paragraph may not be more than the amount of the monetary instrument for which the report was required. A civil penalty under this paragraph is reduced by an amount forfeited under [section 5317(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section5317/b&num=0&edition=prelim). (3) A person not filing a report under a regulation prescribed under [section 5315 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section5315&num=0&edition=prelim) or not complying with an injunction under [section 5320 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section5320&num=0&edition=prelim) enjoining a violation of, or enforcing compliance with, section 5315 or a regulation prescribed under section 5315, is liable to the Government for a civil penalty of not more than $10,000. (4) **Structured Transaction Violation.—** (A) *Penalty authorized.—* — The Secretary of the Treasury may impose a civil money penalty on any person who violates any provision of section 5324. (B) *Maximum amount limitation.—* — The amount of any civil money penalty imposed under subparagraph (A) shall not exceed the amount of the coins and currency (or such other monetary instruments as the Secretary may prescribe) involved in the transaction with respect to which such penalty is imposed. (C) *Coordination with forfeiture provision.—* — The amount of any civil money penalty imposed by the Secretary under subparagraph (A) shall be reduced by the amount of any forfeiture to the United States in connection with the transaction with respect to which such penalty is imposed. (5) **Foreign financial agency transaction violation.—** (A) *Penalty authorized.—* — The Secretary of the Treasury may impose a civil money penalty on any person who violates, or causes any violation of, any provision of section 5314. (B) *Amount of penalty.—* (i) *In general.—* — Except as provided in subparagraph (C), the amount of any civil penalty imposed under subparagraph (A) shall not exceed $10,000. (ii) *Reasonable cause exception.—* — No penalty shall be imposed under subparagraph (A) with respect to any violation if— (I) such violation was due to reasonable cause, and (II) the amount of the transaction or the balance in the account at the time of the transaction was properly reported. (C) *Willful violations.—* — In the case of any person willfully violating, or willfully causing any violation of, any provision of section 5314— (i) the maximum penalty under subparagraph (B)(i) shall be increased to the greater of— (I) $100,000, or (II) 50 percent of the amount determined under subparagraph (D), and (ii) subparagraph (B)(ii) shall not apply. (D) *Amount.—* — The amount determined under this subparagraph is— (i) in the case of a violation involving a transaction, the amount of the transaction, or (ii) in the case of a violation involving a failure to report the existence of an account or any identifying information required to be provided with respect to an account, the balance in the account at the time of the violation. (6) **Negligence.—** (A) *In general.—* — The Secretary of the Treasury may impose a civil money penalty of not more than $500 on any financial institution or nonfinancial trade or business which negligently violates any provision of this subchapter (except section 5336) or any regulation prescribed under this subchapter (except section 5336). (B) *Pattern of negligent activity.—* — If any financial institution or nonfinancial trade or business engages in a pattern of negligent violations of any provision of this subchapter (except section 5336) or any regulation prescribed under this subchapter (except section 5336), the Secretary of the Treasury may, in addition to any penalty imposed under subparagraph (A) with respect to any such violation, impose a civil money penalty of not more than $50,000 on the financial institution or nonfinancial trade or business. (7) **Penalties for international counter money laundering violations.—** — The Secretary may impose a civil money penalty in an amount equal to not less than 2 times the amount of the transaction, but not more than $1,000,000, on any financial institution or agency that violates any provision of subsection (i) or (j) of section 5318 or any special measures imposed under section 5318A. **(b) Time Limitations for Assessments and Commencement of Civil Actions.—** (1) **Assessments.—** — The Secretary of the Treasury may assess a civil penalty under subsection (a) at any time before the end of the 6-year period beginning on the date of the transaction with respect to which the penalty is assessed. (2) **Civil actions.—** — The Secretary may commence a civil action to recover a civil penalty assessed under subsection (a) at any time before the end of the 2-year period beginning on the later of— (A) the date the penalty was assessed; or (B) the date any judgment becomes final in any criminal action under section 5322 in connection with the same transaction with respect to which the penalty is assessed. **(c)** The Secretary may remit any part of a forfeiture under subsection (c) or (d) 11 So in original. Section 5317 does not contain a subsec. (d). of [section 5317 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section5317&num=0&edition=prelim) or civil penalty under subsection (a)(2) of this section. **(d) Criminal Penalty Not Exclusive of Civil Penalty.—** A civil money penalty may be imposed under subsection (a) with respect to any violation of this subchapter notwithstanding the fact that a criminal penalty is imposed with respect to the same violation. **(e) Delegation of Assessment Authority to Banking Agencies.—** (1) **In general.—** — The Secretary of the Treasury shall delegate, in accordance with section 5318(a)(1) and subject to such terms and conditions as the Secretary may impose in accordance with paragraph (3), any authority of the Secretary to assess a civil money penalty under this section on depository institutions (as defined in section 3 of the Federal Deposit Insurance Act) to the appropriate Federal banking agencies (as defined in such section 3). (2) **Authority of agencies.—** — Subject to any term or condition imposed by the Secretary of the Treasury under paragraph (3), the provisions of this section shall apply to an appropriate Federal banking agency to which is delegated any authority of the Secretary under this section in the same manner such provisions apply to the Secretary. (3) **Terms and conditions.—** (A) *In general.—* — The Secretary of the Treasury shall prescribe by regulation the terms and conditions which shall apply to any delegation under paragraph (1). (B) *Maximum dollar amount.—* — The terms and conditions authorized under subparagraph (A) may include, in the Secretary’s sole discretion, a limitation on the amount of any civil penalty which may be assessed by an appropriate Federal banking agency pursuant to a delegation under paragraph (1). **(f) Additional Damages for Repeat Violators.—** (1) **In general.—** — In addition to any other fines permitted under this section and section 5322, with respect to a person who has previously violated a provision of (or rule issued under) this subchapter, section 21 of the Federal Deposit Insurance Act ([12 U.S.C. 1829b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1829b&num=0&edition=prelim)), or section 123 of Public Law 91–508 ([12 U.S.C. 1953](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1953&num=0&edition=prelim)), the Secretary of the Treasury, if practicable, may impose an additional civil penalty against such person for each additional such violation in an amount that is not more than the greater of— (A) if practicable to calculate, 3 times the profit gained or loss avoided by such person as a result of the violation; or (B) 2 times the maximum penalty with respect to the violation. (2) **Application.—** — For purposes of determining whether a person has committed a previous violation under paragraph (1), the determination shall only include violations occurring after the date of enactment of the Anti-Money Laundering Act of 2020. **(g) Certain Violators Barred From Serving on Boards of United States Financial Institutions.—** (1) **Definition.—** — In this subsection, the term “egregious violation” means, with respect to an individual— (A) a criminal violation— (i) for which the individual is convicted; and (ii) for which the maximum term of imprisonment is more than 1 year; and (B) a civil violation in which— (i) the individual willfully committed the violation; and (ii) the violation facilitated money laundering or the financing of terrorism. (2) **Bar.—** — An individual found to have committed an egregious violation of the Bank Secrecy Act, as defined in section 6003 of the Anti-Money Laundering Act of 2020, or any rules issued under the Bank Secrecy Act, shall be barred from serving on the board of directors of a United States financial institution during the 10-year period that begins on the date on which the conviction or judgment, as applicable, with respect to the egregious violation is entered.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1953 — Recordkeeping and procedures

**(a) Regulations** If the Secretary determines that the maintenance of appropriate records and procedures by any uninsured bank or uninsured institution, or any person engaging in the business of carrying on in the United States any of the functions referred to in subsection (b), has a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings, and that, given the threat posed to the security of the Nation on and after the terrorist attacks against the United States on September 11, 2001, such records may also have a high degree of usefulness in the conduct of intelligence or counterintelligence activities, including analysis, to protect against international terrorism, he may by regulation require such bank, institution, or person— (1) to require, retain, or maintain, with respect to its functions as an uninsured bank or uninsured institution or its functions referred to in subsection (b), any records or evidence of any type which the Secretary is authorized under [section 1829b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1829b&num=0&edition=prelim) to require insured banks to require, retain, or maintain; and (2) to maintain procedures to assure compliance with requirements imposed under this chapter. For the purposes of any civil or criminal penalty, a separate violation of any requirement under this paragraph occurs with respect to each day and each separate office, branch, or place of business in which the violation occurs or continues. **(b) Institutions subject to recordkeeping requirements** The authority of the Secretary of the Treasury under subsection (a) extends to any financial institution (as defined in [section 5312(a)(2) of title 31](https://uscode.house.gov/view.xhtml?req=gr

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31 U.S.C. § 5311 — Declaration of purpose

It is the purpose of this subchapter (except section 5315) to— (1) require certain reports or records that are highly useful in— (A) criminal, tax, or regulatory investigations, risk assessments, or proceedings; or (B) intelligence or counterintelligence activities, including analysis, to protect against terrorism; (2) prevent the laundering of money and the financing of terrorism through the establishment by financial institutions of reasonably designed risk-based programs to combat money laundering and the financing of terrorism; (3) facilitate the tracking of money that has been sourced through criminal activity or is intended to promote criminal or terrorist activity; (4) assess the money laundering, terrorism finance, tax evasion, and fraud risks to financial institutions, products, or services to— (A) protect the financial system of the United States from criminal abuse; and (B) safeguard the national security of the United States; and (5) establish appropriate frameworks for information sharing among financial institutions, their agents and service providers, their regulatory authorities, associations of financial institutions, the Department of the Treasury, and law enforcement authorities to identify, stop, and apprehend money launderers and those who finance terrorists.

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31 U.S.C. § 5317 — Search and forfeiture of monetary instruments

**(a)** The Secretary of the Treasury may apply to a court of competent jurisdiction for a search warrant when the Secretary reasonably believes a monetary instrument is being transported and a report on the instrument under [section 5316 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section5316&num=0&edition=prelim) has not been filed or contains a material omission or misstatement. The Secretary shall include a statement of information in support of the warrant. On a showing of probable cause, the court may issue a search warrant for a designated person or a designated or described place or physical object. This subsection does not affect the authority of the Secretary under another law. **(b) Searches at Border.—** For purposes of ensuring compliance with the requirements of section 5316, a customs officer may stop and search, at the border and without a search warrant, any vehicle, vessel, aircraft, or other conveyance, any envelope or other container, and any person entering or departing from the United States. **(c) Forfeiture.—** (1) **Criminal forfeiture.—** (A) *In general.—* — The court in imposing sentence for any violation of section 5313, 5316, or 5324 of this title, or any conspiracy to commit such violation, shall order the defendant to forfeit all property, real or personal, involved in the offense and any property traceable thereto. (B) *Procedure.—* — Forfeitures under this paragraph shall be governed by the procedures established in section 413 of the Controlled Substances Act. (2) **Civil forfeiture.—** (A) *In general.—* — Any property involved in a violation of section 5313, 5316, or 5324 of this title, or any conspiracy to commit any such violation, and any property traceable to any such violation

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12 U.S.C. § 1829b — Retention of records by insured depository institutions

**(a) Congressional findings and declaration of purpose** (1) **Findings** — Congress finds that— (A) adequate records maintained by insured depository institutions have a high degree of usefulness in criminal, tax, and regulatory investigations or proceedings, and that, given the threat posed to the security of the Nation on and after the terrorist attacks against the United States on September 11, 2001, such records may also have a high degree of usefulness in the conduct of intelligence or counterintelligence activities, including analysis, to protect against domestic and international terrorism; and (B) microfilm or other reproductions and other records made by insured depository institutions of checks, as well as records kept by such institutions, of the identity of persons maintaining or authorized to act with respect to accounts therein, have been of particular value in proceedings described in subparagraph (A). (2) **Purpose** — It is the purpose of this section to require the maintenance of appropriate types of records by insured depository institutions in the United States where such records have a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings, recognizing that, given the threat posed to the security of the Nation on and after the terrorist attacks against the United States on September 11, 2001, such records may also have a high degree of usefulness in the conduct of intelligence or counterintelligence activities, including analysis, to protect against international terrorism. **(b) Recordkeeping regulations** (1) **In general** — Where the Secretary of the Treasury (referred to in this section as the “Secretary”) determines that the maintenance of appropriate types of records and other evidence by insured d

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31 U.S.C. § 5315 — Reports on foreign currency transactions

**(a)** Congress finds that— (1) moving mobile capital can have a significant impact on the proper functioning of the international monetary system; (2) it is important to have the most feasible current and complete information on the kind and source of capital flows, including transactions by large United States businesses and their foreign affiliates; and (3) additional authority should be provided to collect information on capital flows under section 5(b) of the Trading With the Enemy Act (50 App. U.S.C. 5(b)) 11 See References in Text note below. and section 8 of the Bretton Woods Agreement Act ([22 U.S.C. 286f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section286f&num=0&edition=prelim)). **(b)** In this section, “United States person” and “foreign person controlled by a United States person” have the same meanings given those terms in section 7(f)(2)(A) and (C), respectively, of the Securities and Exchange Act of 1934 ([15 U.S.C. 78g(f)(2)(A)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section78g/f/2/A&num=0&edition=prelim), (C)). **(c)** The Secretary of the Treasury shall prescribe regulations consistent with subsection (a) of this section requiring reports on foreign currency transactions conducted by a United States person or a foreign person controlled by a United States person. The regulations shall require that a report contain information and be submitted at the time and in the way, with reasonable exceptions and classifications, necessary to carry out this section.

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31 U.S.C. § 5314 — Records and reports on foreign financial agency transactions

**(a)** Considering the need to avoid impeding or controlling the export or import of monetary instruments and the need to avoid burdening unreasonably a person making a transaction with a foreign financial agency, the Secretary of the Treasury shall require a resident or citizen of the United States or a person in, and doing business in, the United States, to keep records, file reports, or keep records and file reports, when the resident, citizen, or person makes a transaction or maintains a relation for any person with a foreign financial agency. The records and reports shall contain the following information in the way and to the extent the Secretary prescribes: (1) the identity and address of participants in a transaction or relationship. (2) the legal capacity in which a participant is acting. (3) the identity of real parties in interest. (4) a description of the transaction. **(b)** The Secretary may prescribe— (1) a reasonable classification of persons subject to or exempt from a requirement under this section or a regulation under this section; (2) a foreign country to which a requirement or a regulation under this section applies if the Secretary decides applying the requirement or regulation to all foreign countries is unnecessary or undesirable; (3) the magnitude of transactions subject to a requirement or a regulation under this section; (4) the kind of transaction subject to or exempt from a requirement or a regulation under this section; and (5) other matters the Secretary considers necessary to carry out this section or a regulation under this section. **(c)** A person shall be required to disclose a record required to be kept under this section or under a regulation under this section only as required by law.

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31 U.S.C. § 5320 — Injunctions

When the Secretary of the Treasury believes a person has violated, is violating, or will violate this subchapter or a regulation prescribed or order issued under this subchapter, the Secretary may bring a civil action in the appropriate district court of the United States or appropriate United States court of a territory or possession of the United States to enjoin the violation or to enforce compliance with the subchapter, regulation, or order. An injunction or temporary restraining order shall be issued without bond.

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31 U.S.C. § 5316 — Reports on exporting and importing monetary instruments

**(a)** Except as provided in subsection (c) of this section, a person or an agent or bailee of the person shall file a report under subsection (b) of this section when the person, agent, or bailee knowingly— (1) transports, is about to transport, or has transported, monetary instruments of more than $10,000 at one time— (A) from a place in the United States to or through a place outside the United States; or (B) to a place in the United States from or through a place outside the United States; or (2) receives monetary instruments of more than $10,000 at one time transported into the United States from or through a place outside the United States. **(b)** A report under this section shall be filed at the time and place the Secretary of the Treasury prescribes. The report shall contain the following information to the extent the Secretary prescribes: (1) the legal capacity in which the person filing the report is acting. (2) the origin, destination, and route of the monetary instruments. (3) when the monetary instruments are not legally and beneficially owned by the person transporting the instruments, or if the person transporting the instruments personally is not going to use them, the identity of the person that gave the instruments to the person transporting them, the identity of the person who is to receive them, or both. (4) the amount and kind of monetary instruments transported. (5) additional information. **(c)** This section or a regulation under this section does not apply to a common carrier of passengers when a passenger possesses a monetary instrument, or to a common carrier of goods if the shipper does not declare the instrument. **(d) Cumulation of Closely Related Events.—** The Secretary of the Treasury may prescribe regulations under thi

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12 U.S.C. § 1829 — Penalty for unauthorized participation by convicted individual

**(a) Prohibition** (1) **In general** — Except with the prior written consent of the Corporation— (A) any person who has been convicted of any criminal offense involving dishonesty or a breach of trust or money laundering, or has agreed to enter into a pretrial diversion or similar program in connection with a prosecution for such offense, may not— (i) become, or continue as, an institution-affiliated party with respect to any insured depository institution; (ii) own or control, directly or indirectly, any insured depository institution; or (iii) otherwise participate, directly or indirectly, in the conduct of the affairs of any insured depository institution; and (B) any insured depository institution may not permit any person referred to in subparagraph (A) to engage in any conduct or continue any relationship prohibited under such subparagraph. (2) **Minimum 10-year prohibition period for certain offenses** (A) *In general* — If the offense referred to in paragraph (1)(A) in connection with any person referred to in such paragraph is— (i) an offense under— (I) section 215, 656, 657, 1005, 1006, 1007, 1008,11 See References in Text note below. 1014, 1032, 1344, 1517, 1956, or 1957 of title 18; or (II) section 1341 or 1343 of such title which affects any financial institution (as defined in section 20 of such title); or (ii) the offense of conspiring to commit any such offense, the Corporation may not consent to any exception to the application of paragraph (1) to such person during the 10-year period beginning on the date the conviction or the agreement of the person becomes final. (B) *Exception by order of sentencing court* (i) *In general* — On motion of the Corporation, the court in which the convictio

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31 U.S.C. § 5322 — Criminal penalties

**(a)** A person willfully violating this subchapter or a regulation prescribed or order issued under this subchapter (except section 5315, 5324, or 5336 of this title or a regulation prescribed under section 5315, 5324, or 5336), or willfully violating a regulation prescribed under section 21 of the Federal Deposit Insurance Act or section 123 of Public Law 91–508, shall be fined not more than $250,000, or imprisoned for not more than five years, or both. **(b)** A person willfully violating this subchapter or a regulation prescribed or order issued under this subchapter (except section 5315, 5324, or 5336 of this title or a regulation prescribed under section 5315, 5324, or 5336), or willfully violating a regulation prescribed under section 21 of the Federal Deposit Insurance Act or section 123 of Public Law 91–508, while violating another law of the United States or as part of a pattern of any illegal activity involving more than $100,000 in a 12-month period, shall be fined not more than $500,000, imprisoned for not more than 10 years, or both. **(c)** For a violation of [section 5318(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section5318/a/2&num=0&edition=prelim) or a regulation prescribed under section 5318(a)(2), a separate violation occurs for each day the violation continues and at each office, branch, or place of business at which a violation occurs or continues. **(d)** A financial institution or agency that violates any provision of subsection (i) or (j) of section 5318, or any special measures imposed under section 5318A, or any regulation prescribed under subsection (i) or (j) of section 5318 or section 5318A, shall be fined in an amount equal to not less than 2 times the amount of the transaction, but not

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