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NCJRS Abstract

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NCJ Number: 136584 Find in a Library
Title: Liability of Financial Institutions for Money Laundering
Journal: Banking Law Journal  Volume:109  Issue:1  Dated:(January-February 1992)  Pages:46-70
Author(s): L W Short; R G Colvard; J T Lee
Date Published: 1992
Page Count: 25
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: The Federal government's efforts to control money laundering have resulted in the enactment of new Federal laws providing for increased reporting and monitoring; these laws greatly increase the burden and liability of the financial institutions to which they apply.
Abstract: Laws prior to 1986 that were used to address money laundering include the Bank Records and Foreign Transactions Act and conspiracy provisions in the Federal Code. In October 1986, the Money Laundering Control Act was passed in response to the ineffectiveness of the previous law. The 1986 law has two sections prohibiting the act of money laundering and one relating to the structuring of transactions to avoid the reporting requirements. In addition, the Money Laundering Prosecution Improvements Act of 1988 makes bank officials more accountable for violations of the reporting requirements by imposing a civil fine of $10,000 whenever such a violation is willful or is the result of gross negligence. It also expands the definition of institutions that are required to file reports. The Crime Control Act of 1990 includes two provisions that suggest that Congress will enact further legislation on the subject of money laundering. In 1988, the provisions prohibiting money laundering were applied for the first time against a major bank, rather than against only an individual. 142 footnotes
Main Term(s): Financial institutions; Money laundering
Index Term(s): Corporate criminal liability; Federal Code
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