NCJ Number
178093
Journal
American Criminal Law Review Volume: 36 Issue: 3 Dated: Summer 1999 Pages: 901-927
Date Published
1999
Length
27 pages
Annotation
The Money Laundering Control Act is discussed with respect to the content of its two sections, the elements of the offense, the defenses, the penalties for violations, and recent developments related to money laundering.
Abstract
Section 1956 of the law addresses the knowing and intentional transportation or transfer of monetary funds derived from specified unlawful activities. Section 1957 addresses transactions involving nonmonetary property derived from the specified unlawful activities. The four elements are: (1) knowledge, (2) the existence of proceeds derived from a specified unlawful activity, (3) a financial transaction, and (4) intent. Constitutional vagueness and double jeopardy are two theories used to defend against charges under the law. The law's offenses carry both criminal penalties and civil sanctions. The criminal penalties consist of imprisonment, fines, and forfeiture and vary with the type of offense. The civil sanctions are limited to severe monetary penalties and forfeiture. New developments related to money laundering include domestic legislation and efforts to increase international cooperation. Footnotes