31 U.S.C. § 5324 : US Code - Section 5324: Structuring transactions to evade reporting requirement prohibited

Search 31 U.S.C. § 5324 : US Code - Section 5324: Structuring transactions to evade reporting requirement prohibited

(a) Domestic Coin and Currency Transactions Involving Financial
Institutions. - No person shall, for the purpose of evading the
reporting requirements of section 5313(a) or 5325 or any regulation
prescribed under any such section, the reporting or recordkeeping
requirements imposed by any order issued under section 5326, or the
recordkeeping requirements imposed by any regulation prescribed
under section 21 of the Federal Deposit Insurance Act or section
123 of Public Law 91-508 -
(1) cause or attempt to cause a domestic financial institution
to fail to file a report required under section 5313(a) or 5325
or any regulation prescribed under any such section, to file a
report or to maintain a record required by an order issued under
section 5326, or to maintain a record required pursuant to any
regulation prescribed under section 21 of the Federal Deposit
Insurance Act or section 123 of Public Law 91-508;
(2) cause or attempt to cause a domestic financial institution
to file a report required under section 5313(a) or 5325 or any
regulation prescribed under any such section, to file a report or
to maintain a record required by any order issued under section
5326, or to maintain a record required pursuant to any regulation
prescribed under section 5326, or to maintain a record required
pursuant to any regulation prescribed under section 21 of the
Federal Deposit Insurance Act or section 123 of Public Law 91-
508, that contains a material omission or misstatement of fact;
or
(3) structure or assist in structuring, or attempt to structure
or assist in structuring, any transaction with one or more
domestic financial institutions.
(b) Domestic Coin and Currency Transactions Involving
Nonfinancial Trades or Businesses. - No person shall, for the
purpose of evading the report requirements of section 5331 or any
regulation prescribed under such section -
(1) cause or attempt to cause a nonfinancial trade or business
to fail to file a report required under section 5331 or any
regulation prescribed under such section;
(2) cause or attempt to cause a nonfinancial trade or business
to file a report required under section 5331 or any regulation
prescribed under such section that contains a material omission
or misstatement of fact; or
(3) structure or assist in structuring, or attempt to structure
or assist in structuring, any transaction with 1 or more
nonfinancial trades or businesses.
(c) International Monetary Instrument Transactions. - No person
shall, for the purpose of evading the reporting requirements of
section 5316 -
(1) fail to file a report required by section 5316, or cause or
attempt to cause a person to fail to file such a report;
(2) file or cause or attempt to cause a person to file a report
required under section 5316 that contains a material omission or
misstatement of fact; or
(3) structure or assist in structuring, or attempt to structure
or assist in structuring, any importation or exportation of
monetary instruments.
(d) Criminal Penalty. -
(1) In general. - Whoever violates this section shall be fined
in accordance with title 18, United States Code, imprisoned for
not more than 5 years, or both.
(2) Enhanced penalty for aggravated cases. - Whoever violates
this section while violating another law of the United States or
as part of a pattern of any illegal activity involving more than
$100,000 in a 12-month period shall be fined twice the amount
provided in subsection (b)(3) or (c)(3) (as the case may be) of
section 3571 of title 18, United States Code, imprisoned for not
more than 10 years, or both.