Part 1956 creates several distinct crimes: (1) laundering with intent to promote an illicit activity reminiscent of a criminal gambling enterprise; (2) laundering to evade taxes; (3) laundering to conceal or disguise; (4) structuring financial transactions (smurfing) to keep away from reporting necessities;184 (5) worldwide laundering; and (6) “laundering” conduct by these caught in a law enforcement sting. 1956 and 1957 both of which contain financial disposition of the proceeds of various state and federal crimes, together with violation of 18 U.S.C. The fourth and distinctive element of the transactional concealment offense covers more than simple spending and more than simple concealment of the proceeds. In its most basic form, the promotion offense primarily includes plowing the proceeds of crime back into an illegal enterprise.
The “particular person” who commits a RICO offense want not to be judi qq a human being, but maybe “any individual or entity able to holding an authorized or beneficial curiosity in property,” 162 The “enterprise” aspect is outlined with the comparable breath, embracing “any individual, partnership, corporation, association, or different legal entity, and any union or group of individuals associated in reality though not a legal entity.”163 Regardless of their sweeping scope, the elements are distinct, and a single defendant might not be concurrently charged as both the “individual” and the “enterprise” below 18 U.S.C. The elements of the two are roughly comparable. The weather of the travel or transportation version of promotional cash laundering is comparable, however distinctive.
Congress has enacted several statutes to deal with money laundering. Part 1956 has two promotional offenses: those involving financial transactions and those involving worldwide monetary transfers. The crimes below part 1956 are punishable by imprisonment for not greater than twenty years or a superb of the larger of not more than twice the worth of the property involved within the transaction or not more than $500,000; these under part 1957 carry a prison term of not more than ten years or a fine of the greater of twice the quantity involved within the offense or not more than $250,000 (not greater than $500,000 for a company).183 Any property concerned in a violation of either section is topic to the civil and criminal forfeiture provisions of 18 U.S.C.