113 HR 1184 IH: Small Business Deposit Relief Act of 2013 U.S. House of Representatives 2013-03-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 113th CONGRESS 1st Session H. R. 1184 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Harris introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend title 31, United States Code, to provide for lessened penalties for certain violations of the anti-structuring laws when violations are with respect to certain domestic financial institutions and are not taken in connection with another crime, and for other purposes.

1.

Short title

This Act may be cited as the Small Business Deposit Relief Act of 2013.

2.

Limitation on penalties for certain structuring not involving another crime

Section 5324 of title 31, United States Code, is amended— (1)in subsection (d)— (A)by redesignating paragraph (2) as paragraph (3); and (B)by inserting after paragraph (1) the following: (2)

Limitation on criminal penalties for certain non-aggravated cases

(A)

In general

Notwithstanding paragraph (1), but subject to paragraph (3), whoever violates this section shall be fined in accordance with title 18, United States Code, imprisoned for not more than 1 year, or both, where such violation— (i)was of section 5324(a); (ii)was not made while also violating another law of the United States; and (iii)was made with respect to a transaction involving a domestic financial institution described under subparagraphs (A) through (F) of section 5312(a)(2). (B)

No imprisonment for first offense

Notwithstanding subparagraph (A), a person committing a violation described under that subparagraph shall not be subject to imprisonment for such violation if the person has not previously been convicted of a violation described under such subparagraph. ; and (2)by adding at the end the following: (e)

Limitation on property forfeiture and monetary penalties for certain structuring not involving another crime

With respect to a violation, the aggregate amount of property forfeited under section 5317(c)(1), property seized and forfeited under section 5317(c)(2), any money penalty imposed under section 5321(a)(4)(A), and any fine imposed under subsection (d) may not exceed 10 percent of the amount of coins and currency (or such other monetary instruments as the Secretary may prescribe) involved in the transaction with respect to which the violation occurred, if the violation— (1)was of section 5324(a); (2)was not made while also violating another law of the United States; and (3)was made with respect to a transaction involving a domestic financial institution described under subparagraphs (A) through (F) of section 5312(a)(2). .