Bill Text: NY A07493 | 2011-2012 | General Assembly | Introduced
Bill Title: Establishes the new crime of structuring to avoid a transaction reporting requirement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - referred to codes [A07493 Detail]
Download: New_York-2011-A07493-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7493
2011-2012 Regular Sessions
I N A S S E M B L Y
May 6, 2011
___________
Introduced by M. of A. LANCMAN -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law and the criminal procedure law, in
relation to creating a new crime of structuring to avoid a transaction
reporting requirement
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The article heading of article 470 of the penal law, as
2 added by chapter 280 of the laws of 1988, is amended to read as follows:
3 MONEY LAUNDERING AND STRUCTURING TO AVOID A TRANSACTION
4 REPORTING REQUIREMENT
5 S 2. The penal law is amended by adding a new section 470.30 to read
6 as follows:
7 S 470.30 STRUCTURING TO AVOID A TRANSACTION REPORTING REQUIREMENT.
8 A PERSON IS GUILTY OF STRUCTURING TO AVOID A TRANSACTION REPORTING
9 REQUIREMENT WHEN, ACTING ALONE, OR IN CONJUNCTION WITH, OR ON BEHALF OF,
10 OTHER PERSONS, WITH THE INTENT TO AVOID A TRANSACTION REPORTING OR
11 RECORDKEEPING REQUIREMENT IMPOSED BY STATE OR FEDERAL LAW OR REGULATION,
12 INCLUDING BUT NOT LIMITED TO SECTION 116.2 OF TITLE THREE OF THE CODES,
13 RULES AND REGULATIONS OF THE STATE OF NEW YORK, SUBCHAPTER II OF CHAPTER
14 FIFTY-THREE OF TITLE THIRTY-ONE OF THE UNITED STATES CODE (31 U.S.C.
15 5311 ET SEQ.), PART ONE HUNDRED THREE OF TITLE THIRTY-ONE OF THE CODE OF
16 FEDERAL REGULATIONS (31 C.F.R. 103 ET SEQ.), AND ANY RULES OR REGU-
17 LATIONS ADOPTED PURSUANT TO THE FEDERAL DEPOSIT INSURANCE ACT (12 U.S.C.
18 1829B) OR SECTION NINETEEN HUNDRED FIFTY-THREE OF TITLE TWELVE OF THE
19 UNITED STATES CODE (12 U.S.C. 1953), HE OR SHE:
20 1. CAUSES OR ATTEMPTS TO CAUSE A FINANCIAL INSTITUTION TO FAIL TO FILE
21 A REPORT OR MAINTAIN A RECORD REGARDING CURRENCY TRANSACTIONS OR SUSPI-
22 CIOUS TRANSACTIONS AS REQUIRED BY STATE OR FEDERAL LAW; OR
23 2. CAUSES OR ATTEMPTS TO CAUSE A FINANCIAL INSTITUTION TO FILE A
24 REPORT OR MAINTAIN A RECORD REGARDING CURRENCY TRANSACTIONS OR SUSPI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11399-01-1
A. 7493 2
1 CIOUS TRANSACTIONS AS REQUIRED BY STATE OR FEDERAL LAW THAT CONTAINS A
2 MATERIAL OMISSION OR MISSTATEMENT OF FACT; OR
3 3. CONDUCTS OR ATTEMPTS TO CONDUCT ONE OR MORE TRANSACTIONS IN CURREN-
4 CY, IN ANY AMOUNT, REGARDLESS OF WHETHER SUCH AMOUNT EXCEEDS ANY APPLI-
5 CABLE REPORTING OR RECORDKEEPING THRESHOLD, AT ONE OR MORE FINANCIAL
6 INSTITUTIONS, ON ONE OR MORE DAYS, IN ANY MANNER, FOR THE PURPOSE OF
7 AVOIDING CURRENCY TRANSACTION REPORTING OR RECORDKEEPING REQUIREMENTS
8 PROVIDED BY STATE OR FEDERAL LAW. "IN ANY MANNER" INCLUDES, BUT IS NOT
9 LIMITED TO, THE BREAKING DOWN INTO SMALLER SUMS OF A SINGLE SUM OF
10 CURRENCY MEETING OR EXCEEDING THAT WHICH IS NECESSARY TO TRIGGER A
11 CURRENCY REPORTING REQUIREMENT OR THE CONDUCT OF A TRANSACTION, OR
12 SERIES OF CURRENCY TRANSACTIONS, AT OR BELOW THE REPORTING REQUIREMENT.
13 AMONG THE FACTORS THAT THE FINDER OF FACT MAY CONSIDER IN DETERMINING
14 THAT A TRANSACTION HAS THE PURPOSE OF AVOIDING A TRANSACTION REPORTING
15 REQUIREMENT SHALL BE WHETHER THE PERSON, ACTING ALONE OR WITH OTHERS,
16 CONDUCTED ONE OR MORE TRANSACTIONS IN CURRENCY, IN ANY AMOUNT, AT ONE OR
17 MORE FINANCIAL INSTITUTIONS, ON ONE OR MORE DAYS, IN ANY MANNER.
18 STRUCTURING TO AVOID A TRANSACTION REPORTING REQUIREMENT IS A CLASS E
19 FELONY.
20 S 3. Paragraph (a) of subdivision 1 of section 460.10 of the penal
21 law, as amended by chapter 405 of the laws of 2010, is amended to read
22 as follows:
23 (a) Any of the felonies set forth in this chapter: sections 120.05,
24 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
25 ing to strangulation; sections 125.10 to 125.27 relating to homicide;
26 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
27 135.25 relating to kidnapping; section 135.35 relating to labor traf-
28 ficking; section 135.65 relating to coercion; sections 140.20, 140.25
29 and 140.30 relating to burglary; sections 145.05, 145.10 and 145.12
30 relating to criminal mischief; article one hundred fifty relating to
31 arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand
32 larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health
33 care fraud; article one hundred sixty relating to robbery; sections
34 165.45, 165.50, 165.52 and 165.54 relating to criminal possession of
35 stolen property; sections 165.72 and 165.73 relating to trademark coun-
36 terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
37 170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
38 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
39 176.30 relating to insurance fraud; sections 178.20 and 178.25 relating
40 to criminal diversion of prescription medications and prescriptions;
41 sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
42 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 215.00,
43 215.05 and 215.19 relating to bribery; sections 187.10, 187.15, 187.20
44 and 187.25 relating to residential mortgage fraud, sections 190.40 and
45 190.42 relating to criminal usury; section 190.65 relating to schemes to
46 defraud; sections 205.60 and 205.65 relating to hindering prosecution;
47 sections 210.10, 210.15, and 215.51 relating to perjury and contempt;
48 section 215.40 relating to tampering with physical evidence; sections
49 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41,
50 220.43, 220.46, 220.55, 220.60 and 220.77 relating to controlled
51 substances; sections 225.10 and 225.20 relating to gambling; sections
52 230.25, 230.30, and 230.32 relating to promoting prostitution; section
53 230.34 relating to sex trafficking; sections 235.06, 235.07, 235.21 and
54 235.22 relating to obscenity; sections 263.10 and 263.15 relating to
55 promoting a sexual performance by a child; sections 265.02, 265.03,
56 265.04, 265.11, 265.12, 265.13 and the provisions of section 265.10
A. 7493 3
1 which constitute a felony relating to firearms and other dangerous weap-
2 ons; [and] sections 265.14 and 265.16 relating to criminal sale of a
3 firearm; [and] section 275.10, 275.20, 275.30, or 275.40 relating to
4 unauthorized recordings; [and] sections 470.05, 470.10, 470.15 and
5 470.20 relating to money laundering; AND SECTION 470.30 RELATING TO
6 STRUCTURING TO AVOID A TRANSACTION REPORTING REQUIREMENT; or
7 S 4. Subdivision 8 of section 700.05 of the criminal procedure law is
8 amended by adding a new paragraph (u) to read as follows:
9 (U) STRUCTURING TO AVOID A TRANSACTION REPORTING REQUIREMENT AS
10 DEFINED IN SECTION 470.30 OF THE PENAL LAW.
11 S 5. This act shall take effect on the ninetieth day after it shall
12 have become a law.
