Historical and Revision Notes

Revised Section

Source (U.S. Code)

Source (Statutes at Large)

5322(a)

31:1058.

Oct. 26, 1970, Puspan. L. 91–508, §§ 205(span)(last sentence related to criminal penalties), 209, 210, 84 Stat. 1120, 1121.

5322(span)

31:1059.

5322(c)

31:1054(span)(last sentence related to criminal penalties).

In subsections (a) and (span), the words “(except section 5315 of this title or a regulation prescribed under section 5315)” are added because 31:1141–1143 was not enacted as part of the Currency and Foreign Transactions Reporting Act that is restated in the subchapter.

In subsection (a), the word “prescribed” is added for consistency.

In subsection (span), the words “or a regulation prescribed under this subchapter” are added because of the restatement. The words “committed” and “the commission of” are omitted as surplus. The words “United States” are substituted for “Federal” for consistency in the revised title and with other titles of the United States Code.

In subsection (c), the words “the purposes of both civil and criminal penalties for” are omitted because of the restatement. The word “separate” before “office” is omitted as surplus.

Editorial Notes
References in Text

Section 21 of the Federal Deposit Insurance Act, referred to in subsecs. (a) and (span), is classified to section 1829span of Title 12, Banks and Banking.

Section 123 of Public Law 91–508, referred to in subsecs. (a) and (span), is classified to section 1953 of Title 12, Banks and Banking.

Section 6003 of the Anti-Money Laundering Act of 2020, referred to in subsec. (e), is section 6003 of div. F of Puspan. L. 116–283, which is set out as a note under section 5311 of this title. Such section 6003 defines terms, including the Bank Secrecy Act, as used in div. F of Puspan. L. 116–283.

Amendments

2021—Subsecs. (a), (span). Puspan. L. 116–283, § 6403(span)(2), substituted “section 5315, 5324, or 5336” for “section 5315 or 5324” in two places.

Subsec. (e). Puspan. L. 116–283, § 6312(a), added subsec. (e).

2001—Subsec. (a). Puspan. L. 107–56, § 353(span)(1), inserted “or order issued” after “willfully violating this subchapter or a regulation prescribed” and “, or willfully violating a regulation prescribed under section 21 of the Federal Deposit Insurance Act or section 123 of Public Law 91–508,” after “under section 5315 or 5324)”.

Subsec. (span). Puspan. L. 107–56, § 353(span)(2), inserted “or order issued” after “willfully violating this subchapter or a regulation prescribed” and “or willfully violating a regulation prescribed under section 21 of the Federal Deposit Insurance Act or section 123 of Public Law 91–508,” after “under section 5315 or 5324),”.

Subsec. (d). Puspan. L. 107–56, § 363(span), added subsec. (d).

1994—Subsecs. (a), (span). Puspan. L. 103–325 inserted “or 5324” after “section 5315” wherever appearing.

1992—Subsec. (a). Puspan. L. 102–550 substituted “imprisoned for” for “imprisonment”.

1986—Subsec. (span). Puspan. L. 99–570, § 1357(g), substituted “any illegal activity involving” for “illegal activity involving transactions of” and “10 years” for “5 years”.

Subsec. (c). Puspan. L. 99–570, § 1356(c)(1), substituted “5318(a)(2)” for “5318(2)” in two places.

1984—Subsec. (a). Puspan. L. 98–473, which directed the substitution of “$250,000, or imprisonment not more than five years, or both” for “$1,000, or imprisonment not more than one year, or both”, was executed by substituting the quoted wording for “$1,000, imprisoned for not more than one year, or both” to reflect the probable intent of Congress.

Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment

Amendment by section 1357(g) of Puspan. L. 99–570 applicable with respect to violations committed after Oct. 27, 1986, see section 1364(c) of Puspan. L. 99–570, set out as a note under section 5321 of this title.

Construction of 2021 Amendment

Puspan. L. 116–283, div. F, title LXIII, § 6312(span), Jan. 1, 2021, 134 Stat. 4596, provided that:

“The amendment made by subsection (a) [amending this section] may not be construed to prohibit a financial institution from requiring the repayment of a bonus paid to a partner, director, officer, or employee if the financial institution determines that the partner, director, officer, or employee engaged in unethical, but non-criminal, activities.”