§ 5322. Criminal penalties

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1982

   Pub. L. 97–258 · 96 Stat. 1000

   Enacted · 31 U.S.C. § 5322

   Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1000

   Source evidence

   Code source credit
   Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1000

2. 1984

   Comprehensive Crime Control Act of 1984

   Pub. L. 98–473 title II § 901(b) · 98 Stat. 1837

   Substituted · 31 U.S.C. § 5322(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (b) Subsection (a) of section 5322 of title 31, United States Code, is amended by striking out “$1,000, or imprisonment not more than one year, or both” and inserting in lieu thereof “$250,000, or imprisonment not more than five years, or both”.

3. 1986

   Money Laundering Control Act of 1986

   Pub. L. 99–570 § 1357(g) · 100 Stat. 3207

   1. Substituted · 31 U.S.C. § 5322(b)

      Pub. L. 99–570, § 1357(g), substituted “any illegal activity involving” for “illegal activity involving transactions of”

   2. Substituted · 31 U.S.C. § 5322(b)

      Pub. L. 99–570, § 1357(g), substituted “10 years” for “5 years”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (g) Amendments to Criminal Penalty for Certain Offenses.— Section 5322(b) of title 31, United States Code, is amended— (1) by striking out “illegal activity involving transactions of” and inserting in lieu thereof “any illegal activity involving”; and (2) by striking out “5 years” and inserting in lieu thereof “10 years”.

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

4. 1986

   Money Laundering Control Act of 1986

   Pub. L. 99–570 § 1356(c)(1) · 100 Stat. 3207

   Substituted · 31 U.S.C. § 5322(c)

   Pub. L. 99–570, § 1356(c)(1), substituted “5318(a)(2)” for “5318(2)” in two places

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 99–570, § 1356(c)(1), substituted “5318(a)(2)” for “5318(2)” in two places.

   Enacted provision · exact public law section
   (1) Sections 5321 and 5322 of title 31, United States Code, are each amended by striking out “5318(2)” each place such term appears and inserting in lieu thereof “5318(a)(2)”. Ante, p. 3207–23

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

5. 1992

   AnnunzioWylie Anti-Money Laundering Act

   Pub. L. 102–550 title XV § 1504(d)(2) · 106 Stat. 3672

   Substituted · 31 U.S.C. § 5322(a)

   Pub. L. 102–550 substituted “imprisoned for” for “imprisonment”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–550 substituted “imprisoned for” for “imprisonment”.

   Enacted provision · exact public law section
   (2) Section 5322(a) of title 31, United States Code, is amended by striking “imprisonment” and inserting “imprisoned for”.

6. 1994

   Money Laundering Suppression Act of 1994

   Pub. L. 103–325 title IV § 411(c)(1) · 108 Stat. 2160

   Inserted · 31 U.S.C. § 5322(a); 31 U.S.C. § 5322(b)

   Pub. L. 103–325 inserted “or 5324” after “section 5315” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (a), (b). Pub. L. 103–325 inserted “or 5324” after “section 5315” wherever appearing.

   Enacted provision · exact public law section
   (1) Subsections (a) and (b) of section 5322 of title 31, United States Code, are amended by inserting “or 5324” after “section 5315” each place such term appears.

7. 2001

   International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001

   Pub. L. 107–56 § 353(b)(1) · 115 Stat. 272

   Inserted · 31 U.S.C. § 5322(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 of Public Law 91–508,” after “under section 5315 or 5324)”

   Source evidence

   Code amendment note
   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 of Public Law 91–508,” after “under section 5315 or 5324)”.

   Enacted provision · exact public law section
   (1) in subsection (a)— (A) by inserting “or order issued” after “willfully violating this subchapter or a regulation prescribed”; and (B) by inserting “, or willfully violating a regulation prescribed under section 21 of the Federal Deposit Insurance Act or section 123 of Public Law 91–508,” after “under section 5315 or 5324)”; and

8. 2001

   International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001

   Pub. L. 107–56 § 353(b)(2) · 115 Stat. 272

   Inserted · 31 U.S.C. § 5322(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 of Public Law 91–508,” after “under section 5315 or 5324),”

   Source evidence

   Code amendment note
   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 of Public Law 91–508,” after “under section 5315 or 5324),”.

   Enacted provision · exact public law section
   (2) in subsection (b)— (A) by inserting “or order issued” after “willfully violating this subchapter or a regulation prescribed”; and (B) by inserting “or willfully violating a regulation prescribed under section 21 of the Federal Deposit Insurance Act or section 123 of Public Law 91–508,” after “under section 5315 or 5324),”.

9. 2001

   International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001

   Pub. L. 107–56 § 363(b) · 115 Stat. 272

   Added · 31 U.S.C. § 5322(d)

   Pub. L. 107–56, § 363(b), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 107–56, § 363(b), added subsec. (d).

   Enacted provision · exact public law section
   (b) Criminal Penalties.— Section 5322 of title 31, United States Code, is amended by adding at the end the following: “(d) A financial institution or agency that violates any provision of subsection (i) or (j) of section 5318, or any special measures imposed under section 5318A, or any regulation prescribed under subsection (i) or (j) of section 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.”.

10. 2021

    Corporate Transparency Act

    Pub. L. 116–283 § 6403(b)(2) · 134 Stat. 3388

    Substituted · 31 U.S.C. § 5322(a); 31 U.S.C. § 5322(b)

    Pub. L. 116–283, § 6403(b)(2), substituted “section 5315, 5324, or 5336” for “section 5315 or 5324” in two places

    Source evidence

    Code amendment note
    Subsecs. (a), (b). Pub. L. 116–283, § 6403(b)(2), substituted “section 5315, 5324, or 5336” for “section 5315 or 5324” in two places.

    Enacted provision · exact public law section
    (2) in section 5322, by striking “section 5315 or 5324” each place that term appears and inserting “section 5315, 5324, or 5336”; and

11. 2021

    Anti-Money Laundering Act of 2020

    Pub. L. 116–283 § 6312(a) · 134 Stat. 3388

    Added · 31 U.S.C. § 5322(e)

    Pub. L. 116–283, § 6312(a), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 116–283, § 6312(a), added subsec. (e).

    Enacted provision · exact public law section
    (a) In General.— Section 5322 of title 31, United States Code, is amended by adding at the end the following: “(e) A person convicted of violating a provision of (or rule issued under) the Bank Secrecy Act, as defined in section 6003 of the Anti-Money Laundering Act of 2020, shall— “(1) in addition to any other fine under this section, be fined in an amount that is equal to the profit gained by such person by reason of such violation, as determined by the court; and “(2) if the person is an individual who was a partner, director, officer, or employee of a financial institution at the time the violation occurred, repay to such financial institution any bonus paid to the individual during the calendar year in which the violation occurred or the calendar year after which the violation occurred.” .

11 of 12 references resolved to an enrolled provision · 1 partial