II 111th CONGRESS 1st Session S. 378 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 A BILL To correct the interpretation of the term proceeds under RICO.

1.

Short title

This Act may be cited as the Money Laundering Control Enhancement Act of 2009.

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.

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,.

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.