[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3745 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3745

                      To prevent money laundering.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 29, 1998

 Mr. McCollum (for himself, Mr. Schumer, Mr. Hastert, Mr. Portman, Mr. 
    Goss, and Mr. Solomon) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
                      To prevent money laundering.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Money Laundering Act of 1998''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Illegal money transmitting businesses.
Sec. 4. Restraint of assets of persons arrested abroad.
Sec. 5. Access to records in bank secrecy jurisdictions.
Sec. 6. Civil money laundering jurisdiction.
Sec. 7. Laundering money through a foreign bank.
Sec. 8. Specified unlawful activity for money laundering.
Sec. 9. Criminal forfeiture for money laundering conspiracies.
Sec. 10. Subpoenas for bank records.
Sec. 11. Admissibility of foreign business records.
Sec. 12. Charging money laundering as a course of conduct.
Sec. 13. Venue in money laundering cases.
Sec. 14. Technical amendment to restore wiretap authority for certain 
                            money laundering offenses.
Sec. 15. Knowledge that the property is the proceeds of a felony.
Sec. 16. Money purchased on the black market.
Sec. 17. Asset forfeiture transfers.
Sec. 18. Receipt and deposit amendment.
Sec. 19. Coverage of foreign bank branches in the territories.

SEC. 3. ILLEGAL MONEY TRANSMITTING BUSINESSES.

    (a) Civil Forfeiture for Money Transmitting Violation.--Section 
981(a)(1)(A) of title 18, United States Code, is amended by striking 
``or 1957'' and inserting ``, 1957 or 1960''.
    (b) Scienter Requirement for Section 1960 Violation.--Section 1960 
of title 18, United States Code, is amended by adding at the end the 
following:
    ``(c) For the purposes of proving a violation of this section 
involving an illegal money transmitting business as defined in 
subsection (b)(1)(A), it shall be sufficient for the Government to 
prove that the defendant knew that the money transmitting business 
lacked a license required by State law. It shall not be necessary to 
show that the defendant knew that the operation of such a business 
without the required license was an offense punishable under State 
law.''.

SEC. 4. RESTRAINT OF ASSETS OF PERSONS ARRESTED ABROAD.

    Section 981(b) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(3) If any person is arrested or charged in a foreign country in 
connection with an offense that would give rise to the forfeiture of 
property in the United States under this section or under the 
Controlled Substances Act, the Attorney General may apply to any 
Federal judge or magistrate judge in the district where the property is 
located for an ex parte order restraining the property subject to 
forfeiture for not more than 30 days, except that the time may be 
extended for good cause shown at a hearing conducted in the manner 
provided in rule 43(e) of the Federal Rules of Civil Procedure. The 
application for the restraining order shall set forth the nature and 
circumstances of the foreign charges and the basis for belief that the 
person arrested or charged has property in the United States that would 
be subject to forfeiture, and shall contain a statement that the 
restraining order is needed to preserve the availability of property 
for such time as is necessary to receive evidence from the foreign 
country or elsewhere in support of probable cause for the seizure of 
the property under this subsection.''.

SEC. 5. ACCESS TO RECORDS IN BANK SECRECY JURISDICTIONS.

    Section 986 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(d) In any civil forfeiture case, or in any ancillary proceeding 
in any criminal forfeiture case governed by section 413(n) of the 
Controlled Substances Act (21 U.S.C. 853(n)), where--
            ``(1) financial records located in a foreign country may be 
        material--
                    ``(A) to any claim or to the ability of the 
                Government to respond to such claim; or
                    ``(B) in a civil forfeiture case, to the 
                Government's ability to establish the forfeitability of 
                the property; and
            ``(2) it is within the capacity of the claimant to waive 
        the claimant's rights under such secrecy laws, or to obtain the 
        records directly so that the records can be made available,
the refusal of the claimant to provide the records in response to a 
discovery request or take the action necessary otherwise to make the 
records available shall result in the dismissal of the claim with 
prejudice. This subsection does not affect the claimant's rights to 
refuse production on the basis of any privilege guaranteed by the 
Constitution or laws of the United States.''.

SEC. 6. CIVIL MONEY LAUNDERING JURISDICTION.

    Section 1956(b) of title 18, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(b)'';
            (2) by redesignating present paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
            (3) by inserting ``, or section 1957'' after ``or (a)(3)''; 
        and
            (4) by adding at the end the following:
    ``(2) For purposes of adjudicating an action filed or enforcing a 
penalty ordered under this section, the district courts shall have 
jurisdiction over any foreign person, including any financial 
institution authorized under the laws of a foreign country, that 
commits an offense under subsection (a) involving a financial 
transaction that occurs in whole or in part in the United States, if 
that service of process upon such foreign person is made under the 
Federal Rules of Civil Procedure or the laws of the country where the 
foreign person is found.
    ``(3) The court may issue a pretrial restraining order or take any 
other action necessary to ensure that any bank account or other 
property held by the defendant in the United States is available to 
satisfy a judgment under this section.''.

SEC. 7. LAUNDERING MONEY THROUGH A FOREIGN BANK.

    Section 1956(c)(6) of title 18, United States Code, is amended to 
read as follows:
            ``(6) the term `financial institution' includes any 
        financial institution described in section 5312(a)(2) of title 
        31, United States Code, or the regulations promulgated 
        thereunder, as well as any foreign bank, as defined in 
        paragraph (7) of section 1(b) of the International Banking Act 
        of 1978 (12 U.S.C. 3101(7)).''.

SEC. 8. SPECIFIED UNLAWFUL ACTIVITY FOR MONEY LAUNDERING.

    (a) In General.--Section 1956(c)(7) of title 18, United States 
Code, is amended--
            (1) in subparagraph (B)--
                    (A) so that clause (ii) reads as follows:
                            ``(ii) any conduct constituting a crime of 
                        violence;''; and
                    (B) by inserting after clause (iii) the following:
                            ``(iv) fraud, or any scheme to defraud, 
                        committed against a foreign government or 
                        foreign governmental entity;
                            ``(v) bribery of a public official, or the 
                        misappropriation, theft, or embezzlement of 
                        public funds by or for the benefit of a public 
                        official;
                            ``(vi) smuggling or export control 
                        violations involving munitions listed in the 
                        United States Munitions List or technologies 
                        with military applications as defined in the 
                        Commerce Control List of the Export 
                        Administration Regulations; or
                            ``(vii) an offense with respect to which 
                        the United States would be obligated by a 
                        multilateral treaty either to extradite the 
                        alleged offender or to submit the case for 
                        prosecution, if the offender were found within 
                        the territory of the United States.'';
            (2) in subparagraph (D)--
                    (A) by inserting ``section 541 (relating to goods 
                falsely classified),'' before ``section 542'';
                    (B) by inserting ``section 924(m) (relating to 
                firearms trafficking),'' before ``section 956'';
                    (C) by inserting ``section 1030 (relating to 
                computer fraud and abuse),'' before ``1032''; and
                    (D) by inserting ``any felony violation of the 
                Foreign Agents Registration Act of 1938, as amended,'' 
                before ``or any felony violation of the Foreign Corrupt 
                Practices Act''; and
            (3) in subparagraph (E)--
                    (A) by inserting ``section 42 or 43 of this title 
                (commonly called the Lacey Act),'' after ``a felony 
                violation of'';
                    (B) by inserting ``the Clean Air Act (42 U.S.C. 
                7401 et seq.),'' after ``the Safe Drinking Water Act 
                (42 U.S.C. 300f et seq.),''.
    (b) National Security.--Section 1956(d) of title 18, United States 
Code, is amended by adding at the end the following: ``This section 
does not apply to any official conduct by a representative of, or to an 
action which is authorized by and conducted on behalf of, the United 
States Government.''.

SEC. 9. CRIMINAL FORFEITURE FOR MONEY LAUNDERING CONSPIRACIES.

    Section 982(a)(1) of title 18, United States Code, is amended by 
inserting ``, or a conspiracy to commit any such offense'' after ``of 
this title''.

SEC. 10. SUBPOENAS FOR BANK RECORDS.

    Section 986 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``section 1956, 1957, or 1960 of 
                this title, section 5322 or 5324 of title 31, United 
                States Code'' and inserting ``section 981 or 982 of 
                this title'';
                    (B) by inserting ``before or'' before ``after'';
                    (C) by striking ``in rem''; and
                    (D) by striking the last sentence; and
            (2) in subsection (c), by inserting ``or the Federal Rules 
        of Criminal Procedure'' after ``Procedure''.

SEC. 11. ADMISSIBILITY OF FOREIGN BUSINESS RECORDS.

    (a) In General.--Chapter 163 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 2466. Foreign records
    ``(a) In a civil proceeding in a court of the United States, 
including civil forfeiture proceedings and proceedings in the United 
States Claims Court and the United States Tax Court, a foreign record 
of regularly conducted activity, or copy of such record, obtained 
pursuant to an official request, shall not be excluded as evidence by 
the hearsay rule if a foreign certification, also obtained pursuant to 
the same official request or subsequent official request that 
adequately identifies such foreign record, attests that--
            ``(1) such record was made, at or near the time of the 
        occurrence of the matters set forth, by (or from information 
        transmitted by) a person with knowledge of those matters;
            ``(2) such record was kept in the course of a regularly 
        conducted business activity;
            ``(3) the business activity made such a record as a regular 
        practice; and
            ``(4) if such record is not the original, such record is a 
        duplicate of the original; unless the source of information or 
        the method or circumstances of preparation indicate lack of 
        trustworthiness.
    ``(b) A foreign certification under this section shall authenticate 
such record or duplicate.
    ``(c) As soon as practicable after a responsive pleading has been 
filed, a party intending to offer in evidence under this section a 
foreign record of regularly conducted activity shall provide written 
notice of that intention to each other party. A motion opposing 
admission in evidence of such record shall be made by the opposing 
party and determined by the court before trial. Failure by a party to 
file such motion before trial shall constitute a waiver of objection to 
such record or duplicate, but the court for cause shown may grant 
relief from the waiver.
    ``(d) As used in this section--
            ``(1) the term `foreign record of regularly conducted 
        activity' means a memorandum, report, record, or data 
        compilation, in any form, of acts, events, conditions, 
        opinions, or diagnoses, maintained in a foreign country;
            ``(2) the term `foreign certification' means a written 
        declaration made and signed in a foreign country by the 
        custodian of a record of regularly conducted activity or 
        another qualified person, that if falsely made, would subject 
        the maker to criminal penalty under the law of that country;
            ``(3) the term `business' includes business, institution, 
        association, profession, occupation, and calling of every kind 
        whether or not conducted for profit; and
            ``(4) the term `official request' means a letter rogatory, 
        a request under an agreement, treaty or convention, or any 
        other request for information or evidence made by a court of 
        the United States or an authority of the United States having 
        law enforcement responsibility to a court or other authority of 
        a foreign country.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 163 of title 28, United States Code, is amended by inserting at 
the end the following new item:

``2466. Foreign records.''.

SEC. 12. CHARGING MONEY LAUNDERING AS A COURSE OF CONDUCT.

    Section 1956(h) of title 18, United States Code, is amended--
            (1) by inserting ``(1)'' before ``Any person''; and
            (2) by adding at the end the following:
    ``(2) Any person who commits multiple violations of this section or 
section 1957 that are part of the same scheme or continuing course of 
conduct may be charged, at the election of the Government, in a single 
count in an indictment or information.''.

SEC. 13. VENUE IN MONEY LAUNDERING CASES.

    Section 1956 of title 18, United States Code, is amended, by adding 
at the end the following subsection:
    ``(i) Venue.--(1) Except as provided in paragraph (2), a 
prosecution for an offense under this section or section 1957 may be 
brought in any district in which the financial or monetary transaction 
is conducted, or where a prosecution for the underlying specified 
unlawful activity could be brought.
    ``(2) A prosecution for an attempt or conspiracy offense under this 
section or section 1957 may be brought in the district where venue 
would lie for the completed offense under paragraph (1), or in any 
other district where an act in furtherance of the attempt or conspiracy 
took place.''.

SEC. 14. TECHNICAL AMENDMENT TO RESTORE WIRETAP AUTHORITY FOR CERTAIN 
              MONEY LAUNDERING OFFENSES.

    Section 2516(1)(g) of title 18, United States Code, is amended by 
striking ``a violation of section 5322 of title 31, United States Code 
(dealing with the reporting of currency transactions)'' and inserting 
``a violation of section 5322 or 5324 of title 31, United States Code 
(dealing with the reporting and illegal structuring of currency 
transactions)''.

SEC. 15. KNOWLEDGE THAT THE PROPERTY IS THE PROCEEDS OF A FELONY.

    Section 1956(c)(1) of title 18, United States Code, is amended by 
inserting ``, and regardless of whether or not the person knew that the 
activity constituted a felony'' before the semicolon at the end.

SEC. 16. MONEY PURCHASED ON THE BLACK MARKET.

    (a) In General.--Section 981(a) of title 18, United States Code, is 
amended by adding at the end the following:
    ``(3) A person asserting an innocent owner defense under paragraph 
(2), or any other provision of law, in currency, monetary instruments 
or funds purchased from a money broker must be a bona fide purchaser 
for value without reason to know that the currency, monetary 
instruments or funds were subject to forfeiture, and must establish 
that such person took all reasonable affirmative steps to determine the 
source of the currency, monetary instruments or funds, or to verify 
that the currency, monetary instruments or funds were not derived from 
illegal activity.
    ``(4) For purposes of paragraph (3)--
            ``(A) the term `money broker' means any person who sells or 
        exchanges currency, monetary instruments or funds, either in 
        the United States or in a foreign country, either 
        independently, or through any parallel market, black market, 
        casa de cambio, or other currency exchange business; and
            ``(B) what constitutes `all reasonable affirmative steps' 
        depends on the facts and circumstances surrounding the 
        transaction, but if the money broker is a financial 
        institution, as defined in section 20 of this title, the 
        purchaser takes `all reasonable affirmative steps' if the 
        purchaser conducts the transaction at the financial institution 
        during normal business hours in an arms-length transaction and 
        has no reason to know that the currency, monetary instruments, 
        or funds were derived from or used to commit any unlawful 
        activity.''.
    (b) Application.--The amendments made by this section shall apply 
to any case pending on the effective date of this Act.

SEC. 17. ASSET FORFEITURE TRANSFERS.

    Section 511(e)(1)(E)(iii) of the Controlled Substances Act (21 
U.S.C. 881(e)(1)(E)(iii)) is amended by inserting ``, or to a country 
that has not been so certified, if the Secretary of State finds that 
transfer to be in the national interest'' before the period.

SEC. 18. RECEIPT AND DEPOSIT AMENDMENT.

    The United States Sentencing Commission shall amend or promulgate 
sentencing guidelines to provide that the sentence for an offense under 
section 1957 of title 18, United States Code, if the transaction in 
criminally derived property consists of a deposit of that property in a 
financial institution without any intent to disguise or conceal the 
nature, location, source, ownership, or control of such proceeds, shall 
not exceed the sentence for the offense giving rise to such property by 
more than one offense level.

SEC. 19. COVERAGE OF FOREIGN BANK BRANCHES IN THE TERRITORIES.

    Section 20(9) of title 18, United States Code, is amended by 
inserting ``, except that, for purposes of the application of that 
definition, the term `State' as used in such Act includes a 
commonwealth, territory, or possession of the United States'' after 
``Banking Act of 1978''.
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