PUBLIC LAW 107-56 —OCT. 26, 2001 115 STAT. 339 " (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.". (b) CONFORMING AMENDMENTS.— (1) Section 981(a)(1)(A) of title 18, United States Code, is amended— (A) by striking "of section 5313(a) or 5324(a) of title 31, or"; and (B) by striking "However" and all that follows through the end of the subparagraph. (2) Section 982(a)(1) of title 18, United States Code, is amended— (A) by striking "of section 5313(a), 5316, or 5324 of title 31, or"; and (B) by striking "However" and all that follows through the end of the paragraph. SEC. 373. ILLEGAL MONEY TRANSMITTING BUSINESSES. (a) SCIENTER REQUIREMENT FOR SECTION 1960 VIOLATION.— Section 1960 of title 18, United States Code, is amended to read as follows:
- § 1960. Prohibition of unlicensed money transmitting
businesses "(a) Whoever knowingly conducts, controls, manages, supervises, directs, or owns all or part of an unlicensed money transmitting business, shall be fined in accordance with this title or imprisoned not more than 5 years, or both. "(b) As used in this section— "(1) the term 'unlicensed money transmitting business' means a money transmitting business which affects interstate or foreign commerce in any manner or degree and— "(A) is operated without an appropriate money transmitting license in a State where such operation is punishable as a misdemeanor or a felony under State law, whether or not the defendant knew that the operation was required to be licensed or that the operation was so punishable; "(B) fails to comply with the money transmitting business registration requirements under section 5330 of title 31, United States Code, or regulations prescribed under such section; or "(C) otherwise involves the transportation or transmission of funds that are known to the defendant to have been derived from a criminal offense or are intended to be used to be used to promote or support unlawful activity; "(2) the term 'money transmitting includes transferring funds on behalf of the public by any and all means including but not limited to transfers within this country or to locations abroad by wire, check, draft, facsimile, or courier; and
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