NCJ Number
123500
Journal
American Criminal Law Review Volume: 27 Issue: 1 Dated: (Summer 1989) Pages: 149-207
Date Published
1989
Length
59 pages
Annotation
This article discusses the characteristics and constitutionality of the Money Laundering Control Act of 1986.
Abstract
The Money Laundering Control Act of 1986, codified at sections 1956 and 1957 of Title 18 of the United States Code, creates controversy because it is not clear whether the statute is interpreted properly nor whether it is consistent with the constitution. The statute developed out of the law of conspiracy, forfeiture law, and law enforcement authorities' perceived difficulties with enforcement of the currency transaction reporting requirements of the Bank Secrecy Act. Legal theories are provided that justify historical prosecutions of money laundering activities under conspiracy to aid criminals in illicit ventures by providing otherwise legitimate goods and services. The statute is replete with terms that are open to various interpretations. Suggested statutory changes include: (1) deleting sections of the statute that criminalize bank reporting avoidance; (2) require Congress to regulate large monetary wire transfers directly rather than through the statute; (3) modify intent requirements such that specific intent to commit a crime is required to violate the statute; (4) streamline amendments to the statute such that they do not add unnecessary elements to the offense; (5) strictly define terms such as "proceeds" and "knowledge of unlawful activity" such that courts do not have to infer legislative intent; and (6) bar the government from expanding other statutes to prosecute behavior that should be prosecuted under the present statute. The author asserts that such changes must occur to avoid a constitutional challenge that could invalidate the complete statute. 321 footnotes.