31 U.S. Code § 5324 - Structuring transactions to evade reporting requirement prohibited
(a)
Domestic Coin and Currency Transactions Involving Financial Institutions.—
No person shall, for the purpose of evading the reporting requirements of section
5313
(a) or
5325 or any regulation prescribed under any such section, the reporting or recordkeeping requirements imposed by any order issued under section
5326, or the recordkeeping requirements imposed by any regulation prescribed under section 21 of the Federal Deposit Insurance Act or section 123 ofPublic Law 91–508—
(1)
cause or attempt to cause a domestic financial institution to fail to file a report required under section
5313
(a) or
5325 or any regulation prescribed under any such section, to file a report or to maintain a record required by an order issued under section
5326, or to maintain a record required pursuant to any regulation prescribed under section 21 of the Federal Deposit Insurance Act or section 123 ofPublic Law 91–508;
(2)
cause or attempt to cause a domestic financial institution to file a report required under section
5313
(a) or
5325 or any regulation prescribed under any such section, to file a report or to maintain a record required by any order issued under section
5326, or to maintain a record required pursuant to any regulation prescribed under section
5326, or to maintain a record required pursuant to any regulation prescribed under section 21 of the Federal Deposit Insurance Act or section 123 ofPublic Law 91–508, that contains a material omission or misstatement of fact; or
(b)
Domestic Coin and Currency Transactions Involving Nonfinancial Trades or Businesses.—
No person shall, for the purpose of evading the report requirements of section
5331 or any regulation prescribed under such section—
(1)
cause or attempt to cause a nonfinancial trade or business to fail to file a report required under section
5331 or any regulation prescribed under such section;
(2)
cause or attempt to cause a nonfinancial trade or business to file a report required under section
5331 or any regulation prescribed under such section that contains a material omission or misstatement of fact; or
(c)
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 contains a material omission or misstatement of fact; or
(d)
Criminal Penalty.—
(1)
In general.—
Whoever violates this section shall be fined in accordance with title 18, United States Code, imprisoned for not more than 5 years, or both.
(2)
Enhanced penalty for aggravated cases.—
Whoever violates this section 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 twice the amount provided in subsection (b)(3) or (c)(3) (as the case may be) of section
3571 of title
18, United States Code, imprisoned for not more than 10 years, or both.
Source
(Added Pub. L. 99–570, title I, § 1354(a),Oct. 27, 1986, 100 Stat. 3207–22; amended Pub. L. 102–550, title XV, §§ 1517(a),
1525(a),
1535
(a)(1),Oct. 28, 1992, 106 Stat. 4059, 4064, 4066; Pub. L. 103–322, title XXXIII, § 330017(a)(2),Sept. 13, 1994, 108 Stat. 2149; Pub. L. 103–325, title IV, §§ 411(a),
413(a)(2),Sept. 23, 1994, 108 Stat. 2253, 2254; Pub. L. 107–56, title III, §§ 353(c),
365(b)(1), (2)(A),Oct. 26, 2001, 115 Stat. 323, 334, 335; Pub. L. 108–458, title VI, § 6203(g),Dec. 17, 2004, 118 Stat. 3747.)
References in Text
Section 21 of the Federal Deposit Insurance Act, referred to in subsec. (a), is classified to section
1829b of Title
12, Banks and Banking.
Section 123 ofPublic Law 91–508, referred to in subsec. (a), is classified to section
1953 of Title
12, Banks and Banking.
Amendments
2004—Subsec. (b). Pub. L. 108–458substituted “5331” for “5333” wherever appearing.
2001—Subsec. (a). Pub. L. 107–56, §§ 353(c)(1), (2),
365(b)(2)(A), inserted “Involving Financial Institutions” after “Transactions” in heading, and in introductory provisions, inserted comma after “No person shall” and substituted “section, the reporting or recordkeeping requirements imposed by any order issued under section
5326, or the recordkeeping requirements imposed by any regulation prescribed under section 21 of the Federal Deposit Insurance Act or section 123 ofPublic Law 91–508—” for “section—”.
Subsec. (a)(1). Pub. L. 107–56, § 353(c)(3), inserted “, to file a report or to maintain a record required by an order issued under section
5326, or to maintain a record required pursuant to any regulation prescribed under section 21 of the Federal Deposit Insurance Act or section 123 ofPublic Law 91–508” before semicolon at end.
Subsec. (a)(2). Pub. L. 107–56, § 353(c)(4), inserted “, to file a report or to maintain a record required by any order issued under section
5326, or to maintain a record required pursuant to any regulation prescribed under section
5326, or to maintain a record required pursuant to any regulation prescribed under section 21 of the Federal Deposit Insurance Act or section 123 ofPublic Law 91–508,” after “regulation prescribed under any such section”.
Subsecs. (b) to (d). Pub. L. 107–56, § 365(b)(1), added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.
1994—Subsec. (a). Pub. L. 103–322, § 330017(a)(2) andPub. L. 103–325, § 413(a)(2), amended subsec. (a), introductory provisions, identically, substituting “section
5313
(a) or
5325 or any regulation prescribed under any such section” for “section
5313
(a), section
5325, or the regulations issued thereunder or section
5325 or regulations prescribed under such section
5325” and striking out “with respect to such transaction” before dash.
Subsec. (a)(1), (2). Pub. L. 103–322, § 330017(a)(2)(A) andPub. L. 103–325, § 413(a)(2)(A), amended pars. (1) and (2) identically, substituting “section
5313
(a) or
5325 or any regulation prescribed under any such section” for “section
5313
(a), section
5325, or the regulations issued thereunder or section
5325 or regulations prescribed under such section
5325”.
Subsec. (c). Pub. L. 103–325, § 411(a), added subsec. (c).
1992—Pub. L. 102–550, § 1525(a)(1), designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Pub. L. 102–550, §§ 1517(a),
1535
(a)(1), inserted the following duplicative provisions “or section
5325 or regulations prescribed under such section
5325” and “, section
5325, or the regulations issued thereunder” after “section
5313
(a)” wherever appearing.
Effective Date of 2004 Amendment
Amendment by Pub. L. 108–458effective as if included in Pub. L. 107–56, as of the date of enactment of such Act, and no amendment made by Pub. L. 107–56that is inconsistent with such amendment to be deemed to have taken effect, see section 6205 ofPub. L. 108–458, set out as a note under section
1828 of Title
12, Banks and Banking.
Effective Date
Pub. L. 99–570, title I, § 1364(a),Oct. 27, 1986, 100 Stat. 3207–34, provided that: “The amendment made by section
1354 [enacting this section] shall apply with respect to transactions for the payment, receipt, or transfer of United States coins or currency or other monetary instruments completed after the end of the 3-month period beginning on the date of the enactment of this Act [Oct. 27, 1986].”
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