[Congressional Record (Bound Edition), Volume 155 (2009), Part 3]
[SEN]
[Pages 3438-3439]
[From the U.S. Government Publishing Office, www.gpo.gov]




            MONEY LAUNDERING CONTROL ENHANCEMENT ACT OF 2009

  Mr. BAYH. Mr. President, yesterday I joined with Senator Graham in 
introducing the Money Laundering Control Enhancement Act of 2009. This 
bill would clarify congressional intent and ensure that federal 
prosecutors are able to more effectively fight money laundering and 
terrorism financing.
  In particular, this bill would overturn the Supreme Court's narrow 
and confusing decision in United States v. Santos and clarify that, as 
used in the Money Laundering Control Act, the term ``proceeds'' refers 
to the total receipts--not simply the profits--of an illegal activity. 
To interpret this statute differently, as the Santos decision suggests 
we should, would create needless problems of proof and unfairly burden 
prosecutors. In a world where criminals and terrorists are constantly 
developing new and more sophisticated ways to hide and launder dirty 
money, it does not make sense to require prosecutors to prove that 
these dangerous criminals generated a profit from their illegal 
activities. Alternatively, interpreting the term ``proceeds'' in a way 
that encompasses all of the funds received by these individuals would 
ensure that federal law is consistent with the United Nations 
Convention Against Transnational Organized Crime, the Model Money 
Laundering Act, and money laundering statutes in the fourteen states 
that use and define the word ``proceeds.''

[[Page 3439]]

  At a time when both our economic and national security are being 
threatened, it would be a grave mistake to underestimate the threat 
posed by money laundering. The most recent National Money Laundering 
Strategy, which was developed jointly by the Departments of Treasury, 
Justice, and Homeland Security, states that ``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.'' In the face of such a threat, we must provide our hard-working 
law enforcement officials with the tools they need to bring these 
criminals to justice.
  I have great respect for our Supreme Court. But sometimes, as in the 
case before us, they misinterpret congressional intent. In those 
situations, particularly when important issues like money laundering 
are involved, it is incumbent upon Congress to take corrective action. 
I hope that my colleagues will join me in supporting this legislation.

                          ____________________