[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 378 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 378

     To correct the interpretation of the term proceeds under RICO.


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                   IN THE SENATE OF THE UNITED STATES

                            February 4, 2009

 Mr. Bayh (for himself and Mr. Graham) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

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                                 A BILL


 
     To correct the interpretation of the term proceeds under RICO.

    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 Control Enhancement 
Act of 2009''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) According to the 2007 National Money Laundering 
        Strategy, ``Money laundering, in its own right, is a serious 
        threat to our national and economic security. Integrating 
        illicit proceeds into the financial system enables organized 
        crime, fuels corruption, and erodes confidence in the rule of 
        law.''.
            (2) The United Nations Convention Against Transnational 
        Organized Crime, the Model Money Laundering Act, and the 14 
        States that have money laundering statutes that define the term 
        proceeds do so in a way that encompasses gross receipts.
            (3) In United States v. Santos (2008) (128 S. Ct. 2020), 
        the Supreme Court misinterpreted Congressional intent with 
        respect to the definition of proceeds in money laundering 
        crimes.

SEC. 3. PROCEEDS.

    Section 1956(c)(1) of title 18, United States Code, is amended by 
striking ``represented proceeds'' and inserting ``represented proceeds, 
including gross receipts,''.

SEC. 4. SENTENCING COMMISSION STUDY.

    The United States Sentencing Commission shall--
            (1) study any merger problem that may result from the 
        amendment made by this Act and, if necessary, amend its 
        guidelines to avoid unwarranted sentencing disparities among 
        those found guilty of similar criminal conduct; and
            (2) report the findings of the study to Congress not later 
        than 6 months after the date of enactment of this Act.
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