CITE

    31 USC Sec. 5317                                            01/05/2009

EXPCITE

    TITLE 31 - MONEY AND FINANCE
    SUBTITLE IV - MONEY
    CHAPTER 53 - MONETARY TRANSACTIONS
    SUBCHAPTER II - RECORDS AND REPORTS ON MONETARY INSTRUMENTS
                     TRANSACTIONS

HEAD

    Sec. 5317. Search and forfeiture of monetary instruments

STATUTE

      (a) The Secretary of the Treasury may apply to a court of
    competent jurisdiction for a search warrant when the Secretary
    reasonably believes a monetary instrument is being transported and
    a report on the instrument under section 5316 of this title has not
    been filed or contains a material omission or misstatement. The
    Secretary shall include a statement of information in support of
    the warrant. On a showing of probable cause, the court may issue a
    search warrant for a designated person or a designated or described
    place or physical object. This subsection does not affect the
    authority of the Secretary under another law.
      (b) Searches at Border. - For purposes of ensuring compliance
    with the requirements of section 5316, a customs officer may stop
    and search, at the border and without a search warrant, any
    vehicle, vessel, aircraft, or other conveyance, any envelope or
    other container, and any person entering or departing from the
    United States.
      (c) Forfeiture. -
        (1) Criminal forfeiture. -
          (A) In general. - The court in imposing sentence for any
        violation of section 5313, 5316, or 5324 of this title, or any
        conspiracy to commit such violation, shall order the defendant
        to forfeit all property, real or personal, involved in the
        offense and any property traceable thereto.
          (B) Procedure. - Forfeitures under this paragraph shall be
        governed by the procedures established in section 413 of the
        Controlled Substances Act.
        (2) Civil forfeiture. - Any property involved in a violation of
      section 5313, 5316, or 5324 of this title, or any conspiracy to
      commit any such violation, and any property traceable to any such
      violation or conspiracy, may be seized and forfeited to the
      United States in accordance with the procedures governing civil
      forfeitures in money laundering cases pursuant to section
      981(a)(1)(A) of title 18, United States Code.

SOURCE

    (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 998; Pub. L. 98-473,
    title II, Sec. 901(d), Oct. 12, 1984, 98 Stat. 2135; Pub. L. 99-
    570, title I, Sec. 1355, Oct. 27, 1986, 100 Stat. 3207-22; Pub. L.
    102-550, title XV, Sec. 1525(c)(2), Oct. 28, 1992, 106 Stat. 4065;
    Pub. L. 107-56, title III, Secs. 365(b)(2)(B), 372(a), Oct. 26,
    2001, 115 Stat. 335, 338.)

HISTORICAL AND REVISION NOTES --------------------------------------------------------------------

     Revised      Source (U.S. Code)        Source (Statutes at Large)
     Section
    --------------------------------------------------------------------
    5317(a)      31:1105.                Oct. 26, 1970, Pub. L. 91-508,
                                          Secs. 232, 235, 84 Stat. 1123.
    5317(b)      31:1102.
    --------------------------------------------------------------------
      In subsection (a), the words "The Secretary shall include a
    statement of information in support of the warrant" are substituted
    for 31:1105(a)(last sentence) to eliminate unnecessary words and
    for consistency. The word "for" is substituted for "authorizing the
    search of . . . all of the following" to eliminate unnecessary
    words. The words "or more" are omitted as unnecessary because the
    singular includes the plural under 1:1. The words "or premises",
    "letters, parcels, packages, or other", and "vehicles" are omitted
    as surplus.
      In subsection (b), the words "either" and "the possession of" are
    omitted as surplus. The words "United States Postal Service" are
    substituted for "postal service" for consistency with title 39. The
    words "or retained in" are omitted as surplus.

REFERENCES IN TEXT

      Section 413 of the Controlled Substances Act, referred to in
    subsec. (c)(1)(B), is classified to section 853 of Title 21, Food
    and Drugs.

AMENDMENTS

      2001 - Subsec. (c). Pub. L. 107-56, Sec. 372(a), inserted heading
    and amended text of subsec. (c) generally. Prior to amendment, text
    read as follows: "If a report required under section 5316 with
    respect to any monetary instrument is not filed (or if filed,
    contains a material omission or misstatement of fact), the
    instrument and any interest in property, including a deposit in a
    financial institution, traceable to such instrument may be seized
    and forfeited to the United States Government. Any property, real
    or personal, involved in a transaction or attempted transaction in
    violation of section 5324(c), or any property traceable to such
    property, may be seized and forfeited to the United States
    Government. A monetary instrument transported by mail or a common
    carrier, messenger, or bailee is being transported under this
    subsection from the time the instrument is delivered to the United
    States Postal Service, common carrier, messenger, or bailee through
    the time it is delivered to the addressee, intended recipient, or
    agent of the addressee or intended recipient without being
    transported further in, or taken out of, the United States."
      Pub. L. 107-56, Sec. 365(b)(2)(B), substituted "section 5324(c)"
    for "section 5324(b)".
      1992 - Subsec. (c). Pub. L. 102-550 inserted after first sentence
    "Any property, real or personal, involved in a transaction or
    attempted transaction in violation of section 5324(b), or any
    property traceable to such property, may be seized and forfeited to
    the United States Government."
      1986 - Subsec. (b). Pub. L. 99-570, Sec. 1355(a), amended subsec.
    (b) generally. Prior to amendment, subsec. (b) read as follows: "A
    customs officer may stop and search, without a search warrant, a
    vehicle, vessel, aircraft, or other conveyance, envelope or other
    container, or person entering or departing from the United States
    with respect to which or whom the officer has reasonable cause to
    believe there is a monetary instrument being transported in
    violation of section 5316 of this title."
      Subsec. (c). Pub. L. 99-570, Sec. 1355(b), amended first sentence
    generally. Prior to amendment, first sentence read as follows: "A
    monetary instrument being transported may be seized and forfeited
    to the United States Government when a report on the instrument
    under section 5316 of this title has not been filed or contains a
    material omission or misstatement."
      1984 - Subsecs. (b), (c). Pub. L. 98-473, Sec. 901, added subsec.
    (b) and redesignated former subsec. (b) as (c).
                     EFFECTIVE DATE OF 1986 AMENDMENT
      Section 1364(b) of Pub. L. 99-570 provided that: "The amendments
    made by sections 1355(b) and 1357(a) [amending this section and
    section 5321 of this title] shall apply with respect to violations
    committed after the end of the 3-month period beginning on the date
    of the enactment of this Act [Oct. 27, 1986]."
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