2010 Pennsylvania Code
Chapter 51 - Obstructing Governmental Operations
5111 - Dealing in proceeds of unlawful activities.

     § 5111.  Dealing in proceeds of unlawful activities.
        (a)  Offense defined.--A person commits a felony of the first
     degree if the person conducts a financial transaction under any
     of the following circumstances:
            (1)  With knowledge that the property involved represents
        the proceeds of unlawful activity, the person acts with the
        intent to promote the carrying on of the unlawful activity.
            (2)  With knowledge that the property involved represents
        the proceeds of unlawful activity and that the transaction is
        designed in whole or in part to conceal or disguise the
        nature, location, source, ownership or control of the
        proceeds of unlawful activity.
            (3)  To avoid a transaction reporting requirement under
        State or Federal law.
        (b)  Penalty.--Upon conviction of a violation under
     subsection (a), a person shall be sentenced to a fine of the
     greater of $100,000 or twice the value of the property involved
     in the transaction or to imprisonment for not more than 20
     years, or both.
        (c)  Civil penalty.--A person who conducts or attempts to
     conduct a transaction described in subsection (a) is liable to
     the Commonwealth for a civil penalty of the greater of:
            (1)  the value of the property, funds or monetary
        instruments involved in the transaction; or
            (2)  $10,000.
        (d)  Cumulative remedies.--Any proceedings under this section
     shall be in addition to any other criminal penalties or
     forfeitures authorized under the State law.
        (e)  Enforcement.--
            (1)  The Attorney General shall have the power and duty
        to institute proceedings to recover the civil penalty
        provided under subsection (c) against any person liable to
        the Commonwealth for such a penalty.
            (2)  The district attorneys of the several counties shall
        have authority to investigate and to institute criminal
        proceedings for any violation of subsection (a).
            (3)  In addition to the authority conferred upon the
        Attorney General by the act of October 15, 1980 (P.L.950,
        No.164), known as the Commonwealth Attorneys Act, the
        Attorney General shall have the authority to investigate and
        to institute criminal proceedings for any violation of
        subsection (a) or any series of related violations involving
        more than one county of the Commonwealth or involving any
        county of the Commonwealth and another state. No person
        charged with a violation of subsection (a) by the Attorney
        General shall have standing to challenge the authority of the
        Attorney General to investigate or prosecute the case, and,
        if any such challenge is made, the challenge shall be
        dismissed and no relief shall be available in the courts of
        the Commonwealth to the person making the challenge.
            (4)  Nothing contained in this subsection shall be
        construed to limit the regulatory or investigative authority
        of any department or agency of the Commonwealth whose
        functions might relate to persons, enterprises or matters
        falling within the scope of this section.
        (e.1)  Venue.--An offense under subsection (a) may be deemed
     to have been committed where any element of unlawful activity or
     of the offense under subsection (a) occurs.
        (f)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
        "Conducts."  Includes initiating, concluding or participating
     in initiating or concluding a transaction.
        "Financial institution."  Any of the following:
            (1)  An insured bank as defined in section 3(h) of the
        Federal Deposit Insurance Act (64 Stat. 873, 12 U.S.C. §
            (2)  A commercial bank or trust company.
            (3)  A private banker.
            (4)  An agency or bank of a foreign bank in this
            (5)  An insured institution as defined in section 401(a)
        of the National Housing Act (48 Stat. 1246, 12 U.S.C. §
            (6)  A thrift institution.
            (7)  A broker or dealer registered with the Securities
        and Exchange Commission under the Securities Exchange Act of
        1934 (15 U.S.C. § 78a et seq.).
            (8)  A broker or dealer in securities or commodities.
            (9)  An investment banker or investment company.
            (10)  A currency exchange.
            (11)  An insurer, redeemer or cashier of travelers'
        checks, checks, money orders or similar instruments.
            (12)  An operator of a credit card system.
            (13)  An insurance company.
            (14)  A dealer in precious metals, stones or jewels.
            (15)  A pawnbroker.
            (16)  A loan or finance company.
            (17)  A travel agency.
            (18)  A licensed sender of money.
            (19)  A telegraph company.
            (20)  An agency of the Federal Government or of a state
        or local government carrying out a duty or power of a
        business described in this paragraph.
            (21)  Another business or agency carrying out a similar,
        related or substitute duty or power which the United States
        Secretary of the Treasury prescribes.
        "Financial transaction."  A transaction involving the
     movement of funds by wire or other means or involving one or
     more monetary instruments.
        "Knowing that the property involved in a financial
     transaction represents the proceeds of unlawful activity."
     Knowing that the property involved in the transaction represents
     proceeds from some form, though not necessarily which form, of
     unlawful activity, regardless of whether or not the activity is
     specified in this section.
        "Monetary instrument."  Coin or currency of the United States
     or of any other country, traveler's checks, personal checks,
     bank checks, money orders, investment securities in bearer form
     or otherwise in such form that title thereto passes upon
     delivery and negotiable instruments in bearer form or otherwise
     in such form that title thereto passes upon delivery.
        "Transaction."  Includes a purchase, sale, loan, pledge,
     gift, transfer, delivery or other disposition. With respect to a
     financial institution, the term includes a deposit, withdrawal,
     transfer between accounts, exchange of currency, loan, extension
     of credit, purchase or sale of any stock, bond, certificate of
     deposit or other monetary instrument and any other payment,
     transfer or delivery by, through, or to a financial institution,
     by whatever means effected.
        "Unlawful activity."  Any activity graded a misdemeanor of
     the first degree or higher under Federal or State law.
     (Dec. 22, 1989, P.L.770, No.108, eff. imd.; June 28, 2002,
     P.L.481, No.82, eff. 60 days)

        2002 Amendment.  Act 82 amended subsec. (a) and added subsec.
        1989 Amendment.  Act 108 added section 5111.
        Cross References.  Section 5111 is referred to in sections
     911, 5708 of this title; section 5552 of Title 42 (Judiciary and
     Judicial Procedure).

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