
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-56 Section 353(b)]
[Document affected by Public Law 107-56 Section 363(b)]
[CITE: 31USC5322]

 
                       TITLE 31--MONEY AND FINANCE
 
                           SUBTITLE IV--MONEY
 
                    CHAPTER 53--MONETARY TRANSACTIONS
 
 SUBCHAPTER II--RECORDS AND REPORTS ON MONETARY INSTRUMENTS TRANSACTIONS
 
Sec. 5322. Criminal penalties

    (a) A person willfully violating this subchapter or a regulation 
prescribed under this subchapter (except section 5315 or 5324 of this 
title or a regulation prescribed under section 5315 or 5324) 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 under this subchapter (except section 5315 or 5324 of this 
title or a regulation prescribed under section 5315 or 5324), 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.

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

                                          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, Secs.
                                                                        205(b)(
last sentence related to criminal
                                                                        penalti
es), 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.


                               Amendments

    1994--Subsecs. (a), (b). Pub. L. 103-325 inserted ``or 5324'' after 
``section 5315'' wherever appearing.
    1992--Subsec. (a). Pub. L. 102-550 substituted ``imprisoned for'' 
for ``imprisonment''.
    1986--Subsec. (b). Pub. L. 99-570, Sec. 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, Sec. 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) 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.

                  Section Referred to in Other Sections

    This section is referred to in section 5321 of this title; title 12 
sections 93, 1464, 1772d, 1786, 1818, 1821, 3105; title 18 sections 986, 
1956, 2516.
