18 U.S.C. § 1957 — Engaging in monetary transactions in

Page 480 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1957 after ‘‘section 875 (relating to interstate communica- tions),’’. Pub. L. 101–647, § 1404(a)(2), inserted ‘‘; or’’ after ‘‘Trading with the Enemy Act’’ at end. Pub. L. 101–647, § 107, substituted ‘‘a felony violation of the Chemical Diversion and Trafficking Act of 1988’’ for ‘‘section 310 of the Controlled Substances Act (21 U.S.C. 830)’’. Subsec. (c)(7)(E). Pub. L. 101–647, § 1404(a)(2), inserted heading and added subpar. (E). Subsec. (c)(8). Pub. L. 101–647, § 1205(j), added par. (8). Subsec. (e). Pub. L. 101–647, § 1404(b), inserted at end ‘‘Violations of this section involving offenses described in paragraph (c)(7)(E) may be investigated by such com- ponents of the Department of Justice as the Attorney General may direct, and the National Enforcement In- vestigations Center of the Evironmental [sic] Protec- tion Agency.’’ 1988—Subsec. (a)(1)(A). Pub. L. 100–690, § 6471(a), amended subpar. (A) generally, designating existing provisions as cl. (i) and adding cl. (ii). Subsec. (a)(2). Pub. L. 100–690, § 6471(b), substituted ‘‘transports, transmits, or transfers, or attempts to transport, transmit, or transfer’’ for ‘‘transports or at- tempts to transport’’ in introductory provisions. Subsec. (a)(3). Pub. L. 100–690, § 6465, added par. (3). Subsec. (c)(7)(D). Pub. L. 100–690, § 7031, substituted ‘‘section 513’’ for ‘‘section 511’’ and ‘‘section 545’’ for ‘‘section 543’’ and inserted ‘‘section 657 (relating to lending, credit, and insurance institutions), section 658 (relating to property mortgaged or pledged to farm credit agencies),’’. Pub. L. 100–690, § 6466, inserted ‘‘section 542 (relating to entry of goods by means of false statements),’’, ‘‘sec- tion 549 (relating to removing goods from Customs cus- tody),’’, and ‘‘section 2319 (relating to copyright in- fringement), section 310 of the Controlled Substances Act (21 U.S.C. 830) (relating to precursor and essential chemicals), section 590 of the Tariff Act of 1930 (19 U.S.C. 1590) (relating to aviation smuggling), section 1822 of the Mail Order Drug Paraphernalia Control Act (100 Stat. 3207–51; 21 U.S.C. 857) (relating to transpor- tation of drug paraphenalia [sic]),’’. Pub. L. 100–690, § 6183, substituted ‘‘section 38(c) (re- lating to criminal violations) of the Arms Export Con- trol Act, section 11 (relating to violations) of the Ex- port Administration Act of 1979, section 206 (relating to penalties) of the International Emergency Economic Powers Act, or section 16 (relating to offenses and pun- ishment) of the Trading with the Enemy Act.’’ for ‘‘sec- tion 38 of the Arms Export Control Act (22 U.S.C. 2778), section 2 (relating to criminal penalties) of the Export Administration Act of 1979 (50 U.S.C. App. 2401), section 203 (relating to criminal sanctions) of the International Emergency Economic Powers Act (50 U.S.C. 1702), or section 3 (relating to criminal violations) of the Trad- ing with the Enemy Act (50 U.S.C. App. 3)’’. Subsec. (e). Pub. L. 100–690, § 6469(a)(1), substituted ‘‘and, with respect to offenses over which the United States Postal Service has jurisdiction, by the Postal Service. Such authority of the Secretary of the Treas- ury and the Postal Service shall be exercised in accord- ance with an agreement which shall be entered into by the Secretary of the Treasury, the Postal Service, and the Attorney General.’’ for ‘‘. Such authority of the Secretary of the Treasury shall be exercised in accord- ance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney Gen- eral.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117–263, div. E, title LIX, § 5904(b), Dec. 23, 2022, 136 Stat. 3441, provided that: ‘‘The amendments made by this section [amending this section] shall apply to— ‘‘(1) conduct that occurred before the date of enact- ment of this Act [Dec. 23, 2022] for which the applica- ble statute of limitations has not expired; and ‘‘(2) conduct that occurred on or after the date of enactment of this Act.’’ EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by sections 4002(b)(1)(B), (D), (2)(M), and 4115(c)(1)(A)(i), (B)(ii) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress. EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–273, div. B, title IV, § 4002(a)(11), Nov. 2, 2002, 116 Stat. 1807, provided that the amendment made by section 4002(a)(11) is effective Apr. 24, 1996. Pub. L. 107–273, div. B, title IV, § 4005(e), Nov. 2, 2002, 116 Stat. 1813, provided that the amendment made by section 4005(e) is effective Oct. 26, 2001. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 604(b)(38) of Pub. L. 104–294 ef- fective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title. EFFECTIVE DATE OF 1994 AMENDMENTS Pub. L. 103–322, title XXXIII, § 330011(l), Sept. 13, 1994, 108 Stat. 2145, and Pub. L. 103–325, title IV, § 413(d), Sept. 23, 1994, 108 Stat. 2255, provided that the repeal of section 3557(2)(E) of Pub. L. 101–647 made by those sec- tions is effective as of the date of enactment of Pub. L. 101–647, which was approved Nov. 29, 1990. RULE OF CONSTRUCTION Nothing in amendment made by Pub. L. 117–159 to be construed to allow the establishment of a Federal sys- tem of registration of firearms, firearms owners, or firearms transactions or dispositions, see section 12004(k) of Pub. L. 117–159, set out as a note under sec- tion 922 of this title. § 1957. Engaging in monetary transactions in property derived from specified unlawful ac- tivity (a) Whoever, in any of the circumstances set forth in subsection (d), knowingly engages or at- tempts to engage in a monetary transaction in criminally derived property of a value greater than $10,000 and is derived from specified unlaw- ful activity, shall be punished as provided in subsection (b). (b)(1) Except as provided in paragraph (2), the punishment for an offense under this section is a fine under title 18, United States Code, or im- prisonment for not more than ten years or both. If the offense involves a pre-retail medical prod- uct (as defined in section 670) the punishment for the offense shall be the same as the punish- ment for an offense under section 670 unless the punishment under this subsection is greater. (2) The court may impose an alternate fine to that imposable under paragraph (1) of not more than twice the amount of the criminally derived property involved in the transaction. (c) In a prosecution for an offense under this section, the Government is not required to prove the defendant knew that the offense from which the criminally derived property was derived was specified unlawful activity. (d) The circumstances referred to in sub- section (a) are— Page 481 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1958 (1) that the offense under this section takes place in the United States or in the special maritime and territorial jurisdiction of the United States; or (2) that the offense under this section takes place outside the United States and such spe- cial jurisdiction, but the defendant is a United States person (as defined in section 3077 of this title, but excluding the class described in paragraph (2)(D) of such section). (e) Violations of this section may be inves- tigated by such components of the Department of Justice as the Attorney General may direct, and by such components of the Department of the Treasury as the Secretary of the Treasury may direct, as appropriate, and, with respect to offenses over which the Department of Home- land Security has jurisdiction, by such compo- nents of the Department of Homeland Security as the Secretary of Homeland Security may di- rect, and, with respect to offenses over which the United States Postal Service has jurisdic- tion, by the Postal Service. Such authority of the Secretary of the Treasury, the Secretary of Homeland Security, and the Postal Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury, the Secretary of Homeland Secu- rity, the Postal Service, and the Attorney Gen- eral. (f) As used in this section— (1) the term ‘‘monetary transaction’’ means the deposit, withdrawal, transfer, or exchange, in or affecting interstate or foreign commerce, of funds or a monetary instrument (as defined in section 1956(c)(5) of this title) by, through, or to a financial institution (as defined in sec- tion 1956 of this title), including any trans- action that would be a financial transaction under section 1956(c)(4)(B) of this title, but such term does not include any transaction necessary to preserve a person’s right to rep- resentation as guaranteed by the sixth amend- ment to the Constitution; (2) the term ‘‘criminally derived property’’ means any property constituting, or derived from, proceeds obtained from a criminal of- fense; and (3) the terms ‘‘specified unlawful activity’’ and ‘‘proceeds’’ shall have the meaning given those terms in section 1956 of this title. (Added Pub. L. 99–570, title I, § 1352(a), Oct. 27, 1986, 100 Stat. 3207–21; amended Pub. L. 100–690, title VI, §§ 6182, 6184, 6469(a)(2), Nov. 18, 1988, 102 Stat. 4354, 4377; Pub. L. 102–550, title XV, §§ 1526(b), 1527(b), Oct. 28, 1992, 106 Stat. 4065; Pub. L. 103–322, title XXXIII, § 330020, Sept. 13, 1994, 108 Stat. 2149; Pub. L. 103–325, title IV, § 413(c)(2), Sept. 23, 1994, 108 Stat. 2255; Pub. L. 109–177, title IV, § 403(c)(2), Mar. 9, 2006, 120 Stat. 243; Pub. L. 111–21, § 2(f)(2), May 20, 2009, 123 Stat. 1618; Pub. L. 112–186, § 4(b)(2), Oct. 5, 2012, 126 Stat. 1429.) Editorial Notes AMENDMENTS 2012—Subsec. (b)(1). Pub. L. 112–186 inserted at end ‘‘If the offense involves a pre-retail medical product (as de- fined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this sub- section is greater.’’ 2009—Subsec. (f)(3). Pub. L. 111–21 added par. (3) and struck out former par. (3) which read as follows: ‘‘the term ‘specified unlawful activity’ has the meaning given that term in section 1956 of this title.’’ 2006—Subsec. (e). Pub. L. 109–177 amended subsec. (e) generally. Prior to amendment, subsec. (e) read as fol- lows: ‘‘Violations of this section may be investigated by such components of the Department of Justice as the Attorney General may direct, and by such compo- nents of the Department of the Treasury as the Sec- retary of the Treasury may direct, as appropriate and, with respect to offenses over which the United States Postal Service has jurisdiction, by the Postal Service. Such authority of the Secretary of the Treasury and the Postal Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury, the Postal Service, and the Attorney General.’’ 1994—Subsec. (f)(1). Pub. L. 103–322, § 330020, and Pub. L. 103–325, § 413(c)(2), amended par. (1) identically, strik- ing out second comma after ‘‘(as defined in section 1956 of this title)’’. 1992—Subsec. (f)(1). Pub. L. 102–550 substituted ‘‘sec- tion 1956 of this title’’ for ‘‘section 5312 of title 31’’ and inserted ‘‘, including any transaction that would be a financial transaction under section 1956(c)(4)(B) of this title,’’ before ‘‘but such term does not include’’. 1988—Subsec. (e). Pub. L. 100–690, § 6469(a)(2), sub- stituted ‘‘and, with respect to offenses over which the United States Postal Service has jurisdiction, by the Postal Service. Such authority of the Secretary of the Treasury and the Postal Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury, the Postal Serv- ice, and the Attorney General.’’ for ‘‘. Such authority of the Secretary of the Treasury shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General.’’ Subsec. (f)(1). Pub. L. 100–690, §§ 6182, 6184, substituted ‘‘in section 1956(c)(5) of this title’’ for ‘‘for the purposes of subchapter II of chapter 53 of title 31’’ and inserted ‘‘, but such term does not include any transaction nec- essary to preserve a person’s right to representation as guaranteed by the sixth amendment to the Constitu- tion’’. § 1958. Use of interstate commerce facilities in the commission of murder-for-hire (a) Whoever travels in or causes another (in- cluding the intended victim) to travel in inter- state or foreign commerce, or uses or causes an- other (including the intended victim) to use the mail or any facility of interstate or foreign com- merce, with intent that a murder be committed in violation of the laws of any State or the United States as consideration for the receipt of, or as consideration for a promise or agree- ment to pay, anything of pecuniary value, or who conspires to do so, shall be fined under this title or imprisoned for not more than ten years, or both; and if personal injury results, shall be fined under this title or imprisoned for not more than twenty years, or both; and if death results, shall be punished by death or life imprisonment, or shall be fined not more than $250,000, or both. (b) As used in this section and section 1959— (1) ‘‘anything of pecuniary value’’ means anything of value in the form of money, a ne- gotiable instrument, a commercial interest, or anything else the primary significance of which is economic advantage; (2) ‘‘facility of interstate or foreign com- merce’’ includes means of transportation and communication; and