Section 750.411p - Financial transaction involving proceeds of criminal offense; representation by law enforcement officer; felony; penalty; threshold amount.

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

750.411p Financial transaction involving proceeds of criminal offense; representation by law enforcement officer; felony; penalty; threshold amount.

Sec. 411p.

(1) A person who conducts, attempts to conduct, or participates in conducting or attempting to conduct a financial transaction involving a monetary instrument or other property that a law enforcement officer represents to be the proceeds or substituted proceeds of a specified criminal offense is guilty of a felony, punishable as provided in subsection (2), if that person conducts, attempts to conduct, or participates in conducting or attempting to conduct the financial transaction with the intent to do 1 or more of the following:

(a) Promote the commission of a criminal offense.

(b) Conceal or disguise the nature, location, source, ownership, or control of a monetary instrument or other property believed to be the proceeds or substituted proceeds of a specified criminal offense or avoid a transaction reporting requirement under state or federal law.

(2) A person who violates subsection (1) is guilty of a felony punishable as follows:

(a) If the monetary instrument or other property involved in the transaction is represented to be the proceeds or substituted proceeds of a controlled substance offense and has a value of $10,000.00 or more, by imprisonment for not more than 20 years or a fine of not more than $500,000.00, or both.

(b) If the monetary instrument or other property involved in the transaction is represented to be the proceeds or substituted proceeds of a controlled substance offense or has a value of $10,000.00 or more, by imprisonment for not more than 10 years or a fine of not more than $100,000.00, or both.

(c) In all cases not described in subdivision (a) or (b), by imprisonment for not more than 5 years or a fine of not more than $50,000.00, or both.

(3) For purposes of this section, a representation of a monetary instrument or other property as the proceeds or substituted proceeds of a specified criminal offense may be made by a person at the direction of, or with the approval of, a law enforcement official authorized to investigate or prosecute violations of this section.

(4) For purposes of this section, the $10,000.00 threshold for the value of the monetary instrument or other property represented to be proceeds or substituted proceeds may be aggregated over a period of 30 calendar days.


History: Add. 1994, Act 284, Eff. Oct. 1, 1994