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     subsection:        "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. §        1813(h)).            (2)  A commercial bank or trust company.            (3)  A private banker.            (4)  An agency or bank of a foreign bank in this        Commonwealth.            (5)  An insured institution as defined in section 401(a)        of the National Housing Act (48 Stat. 1246, 12 U.S.C. §        1724(a)).            (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.     (e.1).        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).