When the FBI Comes Calling…®
MONEY LAUNDERING (Continued)
Specified Unlawful Activity
18 U.S.C. § 1956(c)(7) contains a non-exclusive (by virtue of 18 U.S.C. § 1956(c)(1)) laundry list of activities that will trigger the money laundering statute. These activities are:
- any act or activity constituting a racketeering offense as defined in 18 U.S.C. § 1961(1) except an act which is indictable under 31 U.S.C. §§ 5311 et seq., 18 U.S.C. § 1956(c)(7)(A);
- with respect to a financial transaction occurring in whole or in part in the United States, an offense against a foreign nation involving-
- the manufacture, importation, sale, or distribution of a controlled substance (as such term is defined for the purposes of the Controlled Substances Act), 18 U.S.C. § 1956(c)(7)(B)(i);
- murder, kidnapping, robbery, extortion, destruction of property by means of explosive or fire, or a crime of violence (as defined in 18 U.S.C. § 16), 18 U.S.C. § 1956(c)(7)(B)(ii);
- fraud, or any scheme or attempt to defraud, by or against a foreign bank (as defined in 12 U.S.C. § 3101(7)), 18 U.S.C. § 1956(c)(7)(B)(iii);
- bribery of a public official, or the misappropriation, theft, or embezzlement of public funds by or for the benefit of a public official, Id. § 1956(c)(7)(B)(iv);
- smuggling or export control violations involving-
- an item controlled on the United States Munitions List established under section 38 of the Arms Export Control Act (22 U.S.C. § 2778), 18 U.S.C. § 1956(c)(7)(B)(v)(I); or
- an item controlled under regulations under the Export Administration Regulations (15 C.F.R. Parts 730-774), 18 U.S.C. § 1956(c)(7)(B)(v)(II);
- 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, 18 U.S.C. § 1956(c)(7)(B)(vi);
- trafficking in persons, selling or buying of children, sexual exploitation of children, or transporting, recruiting or harboring a person including a child, for commercial sex acts; 18 U.S.C. § 1956(c)(7)(B)(vii).
- any act or acts constituting a continuing criminal enterprise, (as defined at 21 U.S.C. § 848), 18 U.S.C. § 1956(c)(7)(C);
- an offense falling under the following statutes:
- 18 U.S.C. § 32 (relating to the destruction of aircraft)
- 18 U.S.C. § 37 (relating to violence at international airports)
- 18 U.S.C. § 115 (relating to influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member)
- 18 U.S.C. § 152 (relating to concealment of assets; false oaths and claims; bribery)
- 18 U.S.C. § 175c (relating to the variola virus)
- 18 U.S.C. § 215 (relating to commissions or gifts for procuring loans)
- 18 U.S.C. § 351 (relating to congressional or Cabinet officer assassination)
- 18 U.S.C. §§ 500-503 (relating to certain counterfeiting offenses)
- 18 U.S.C. § 513 (relating to securities of States and private entities)
- 18 U.S.C. § 541 (relating to goods falsely classified)
- 18 U.S.C. § 542 (relating to entry of goods by means of false statements)
- 18 U.S.C. § 545 (relating to smuggling goods into the United States)
- 18 U.S.C. § 549 (relating to removing goods from Customs custody)
- 18 U.S.C. § 550 (relating to smuggling good from the United States)
- 18 U.S.C. § 641 (relating to public money, property, or records)
- 18 U.S.C. § 656 (relating to theft, embezzlement, or misapplication by bank officer or employee)
- 18 U.S.C. § 657 (relating to lending, credit, and insurance institutions)
- 18 U.S.C. § 658 (relating to property mortgaged or pledged to farm credit agencies)
- 18 U.S.C. § 666 (relating to theft or bribery concerning programs receiving Federal funds)
- 18 U.S.C. §§ 793, 794, or 798 (relating to espionage)
- 18 U.S.C. § 831 (relating to prohibited transactions involving nuclear materials)
- 18 U.S.C. §§ 844(f) or (i) (relating to destruction by explosives or fire of Government property or property affecting interstate or foreign commerce)
- 18 U.S.C. § 875 (relating to interstate communications)
- 18 U.S.C. § 922(1) (relating to the unlawful importation of firearms)
- 18 U.S.C. § 924(n) (relating to firearms trafficking)
- 18 U.S.C. § 956 (relating to conspiracy to kill, kidnap, maim, or injure certain property in a foreign country)
- 18 U.S.C. § 1005 (relating to fraudulent bank entries)
- 18 U.S.C. § 1006 (relating to fraudulent Federal credit institution entries)
- 18 U.S.C. § 1007 (relating to Federal Deposit Insurance transactions)
- 18 U.S.C. § 1014 (relating to fraudulent loan or credit applications)
- 18 U.S.C. § 1030 (relating to computer fraud and abuse)
- 18 U.S.C. § 1032 (relating to concealment of assets from conservator, receiver, or liquidating agent of financial institution)
- 18 U.S.C. § 1111 (relating to murder)
- 18 U.S.C. § 1114 (relating to murder of United States law enforcement officials)
- 18 U.S.C. § 1116 (relating to murder of foreign officials, official guests, or internationally protected persons)
- 18 U.S.C. § 1201 (relating to kidnapping)
- 18 U.S.C. § 1203 (relating to hostage taking)
- 18 U.S.C. § 1361 (relating to willful injury of Government property)
- 18 U.S.C. § 1363 (relating to destruction of property within the special maritime and territorial jurisdiction)
- 18 U.S.C. § 1708 (theft from the mail)
- 18 U.S.C. § 1751 (relating to Presidential assassination)
- 18 U.S.C. §§ 2113 or 2114 (relating to bank and postal robbery and theft)
- 18 U.S.C. § 2280 (relating to violence against maritime navigation)
- 18 U.S.C. § 2281 (relating to violence against maritime fixed platforms)
- 18 U.S.C. § 2319 (relating to copyright infringement)
- 18 U.S.C. § 2320 (relating to trafficking in counterfeit goods and services)
- 18 U.S.C. § 2332 (relating to terrorist acts abroad against United States nationals)
- 18 U.S.C. § 2332a (relating to use of weapons of mass destruction)
- 18 U.S.C. § 2332b (relating to international terrorist acts transcending national boundaries)
- 18 U.S.C. § 2332g (relating to missile systems designed to destroy aircraft),
- 18 U.S.C. § 2332h (relating to radiological dispersal devices)
- 18 U.S.C. §§ 2339A or 2339B (relating to providing material support to terrorists)
- 18 U.S.C. § 2339C (relating to financing of terrorism)
- 18 U.S.C. § 2339D (relating to receiving military type training from a foreign terrorist organization)
- 49 U.S.C. § 46502 (relating to a felonious release of precursor and essential chemicals)
- 19 U.S.C. § 1590 (relating to aviation smuggling)
- 21 U.S.C. § 863 (relating to transportation of drug paraphernalia)
- 22 U.S.C. § 2778(c) (relating to criminal violations of the Arms Export Control Act)
- 50 U.S.C. Appx. § 2410 (relating to violations of the Export Administration Act of 1979)
- 50 U.S.C. § 1705 (relating to penalties of the International Emergency Economic Powers Act)
- 50 U.S.C. Appx. § 16 (relating to offenses and punishment of the Trading with the Enemy Act)
- 7 U.S.C. § 2024 (relating to food stamp fraud involving a quantity of coupons having a value of not less than $5,000)
- 42 U.S.C. § 1490s(a)(1) (relating to equity skimming)
- 22 U.S.C. § 611 (relating to felony violations of the Foreign Agents Registration Act of 1938)
- 42 U.S.C. § 2122 (relating to prohibitions governing atomic weapons). 18 U.S.C. § 1956(c)(7)(D);
- any act that would be a felony violation of the following environmental laws:
- the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.)
- the Ocean Dumping Act (33 U.S.C. § 1401 et seq.)
- the Act to Prevent Pollution from Ships (33 U.S.C. § 1901 et seq.)
- the Safe Drinking Water Act (42 U.S.C. § 300f et seq.)
- the Resources Conservation and Recovery Act (42 U.S.C. § 6901 et seq.), 18 U.S.C. § 1956(c)(7)(E); or
- any act or activity constituting an offense involving a Federal health care offense. 18 U.S.C. § 1956(c)(7)(F).