31 U.S. Code § 5322 - Criminal penalties

(a) A person willfully violating this subchapter or a regulation prescribed or order issued under this subchapter (except section 5315 or 5324 of this title or a regulation prescribed under section 5315 or 5324), or willfully violating a regulation prescribed under section 21 of the Federal Deposit Insurance Act or section 123 ofPublic 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 or 5324 of this title or a regulation prescribed under section 5315 or 5324), or willfully violating a regulation prescribed under section 21 of the Federal Deposit Insurance Act or section 123 ofPublic 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 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) ofsection 5318, or any special measures imposed under section 5318A, or any regulation prescribed under subsection (i) or (j) ofsection 5318 or section 5318A, shall be fined in an amount equal to not less than 2 times the amount of the transaction, but not more than $1,000,000.

Source

(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1000; Pub. L. 98–473, title II, § 901(b),Oct. 12, 1984, 98 Stat. 2135; Pub. L. 99–570, title I, §§ 1356(c)(1), 1357(g),Oct. 27, 1986, 100 Stat. 3207–24, 3207–26; Pub. L. 102–550, title XV, § 1504(d)(2),Oct. 28, 1992, 106 Stat. 4055; Pub. L. 103–325, title IV, § 411(c)(1),Sept. 23, 1994, 108 Stat. 2253; Pub. L. 107–56, title III, §§ 353(b), 363(b),Oct. 26, 2001, 115 Stat. 323, 332.)

Historical and Revision Notes
Revised Section Source (U.S. Code) Source (Statutes at Large)
5322(a) 31:1058. Oct. 26, 1970, Pub. L. 91–508, §§ 205(b)(last sentence related to criminal penalties), 209, 210, 84 Stat. 1120, 1121.
5322(b) 31:1059.
5322(c) 31:1054(b)(last sentence related to criminal penalties).

In subsections (a) and (b), the words “(except section 5315 of this title or a regulation prescribed under section 5315)” are added because 31:1141–1143 was not enacted as part of the Currency and Foreign Transactions Reporting Act that is restated in the subchapter.
In subsection (a), the word “prescribed” is added for consistency.
In subsection (b), the words “or a regulation prescribed under this subchapter” are added because of the restatement. The words “committed” and “the commission of” are omitted as surplus. The words “United States” are substituted for “Federal” for consistency in the revised title and with other titles of the United States Code.
In subsection (c), the words “the purposes of both civil and criminal penalties for” are omitted because of the restatement. The word “separate” before “office” is omitted as surplus.
References in Text

Section 21 of the Federal Deposit Insurance Act, referred to in subsecs. (a) and (b), is classified to section 1829b of Title 12, Banks and Banking.
Section 123 ofPublic Law 91–508, referred to in subsecs. (a) and (b), is classified to section 1953 of Title 12, Banks and Banking.
Amendments

2001—Subsec. (a). Pub. L. 107–56, § 353(b)(1), inserted “or order issued” after “willfully violating this subchapter or a regulation prescribed” and “, or willfully violating a regulation prescribed under section 21 of the Federal Deposit Insurance Act or section 123 ofPublic Law 91–508,” after “under section 5315 or 5324)”.
Subsec. (b). Pub. L. 107–56, § 353(b)(2), inserted “or order issued” after “willfully violating this subchapter or a regulation prescribed” and “or willfully violating a regulation prescribed under section 21 of the Federal Deposit Insurance Act or section 123 ofPublic Law 91–508,” after “under section 5315 or 5324),”.
Subsec. (d). Pub. L. 107–56, § 363(b), added subsec. (d).
1994—Subsecs. (a), (b). Pub. L. 103–325inserted “or 5324” after “section 5315” wherever appearing.
1992—Subsec. (a). Pub. L. 102–550substituted “imprisoned for” for “imprisonment”.
1986—Subsec. (b). Pub. L. 99–570, § 1357(g), substituted “any illegal activity involving” for “illegal activity involving transactions of” and “10 years” for “5 years”.
Subsec. (c). Pub. L. 99–570, § 1356(c)(1), substituted “5318(a)(2)” for “5318(2)” in two places.
1984—Subsec. (a). Pub. L. 98–473, which directed the substitution of “$250,000, or imprisonment not more than five years, or both” for “$1,000, or imprisonment not more than one year, or both”, was executed by substituting the quoted wording for “$1,000, imprisoned for not more than one year, or both” to reflect the probable intent of Congress.
Effective Date of 1986 Amendment

Amendment by section 1357(g) ofPub. L. 99–570applicable with respect to violations committed after Oct. 27, 1986, see section 1364(c) ofPub. L. 99–570, set out as a note under section 5321 of this title.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013

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31 USCDescription of ChangeSession YearPublic LawStatutes at Large

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12 CFR - Banks and Banking

12 CFR Part 326 - MINIMUM SECURITY DEVICES AND PROCEDURES AND BANK SECRECY ACT 1 COMPLIANCE

17 CFR - Commodity and Securities Exchanges

17 CFR Part 42 - ANTI-MONEY LAUNDERING, TERRORIST FINANCING

31 CFR - Money and Finance: Treasury

31 CFR Part 42

31 CFR Part 103 - FINANCIAL RECORDKEEPING AND REPORTING OF CURRENCY AND FOREIGN TRANSACTIONS

 

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