§ 29B-2 — Evidence in money laundering prosecutions

In a prosecution under this Article, either party may introduce the following evidence pertaining to the issue of whether the property or proceeds were known to be some form of criminally derived property or from some form of unlawful activity: (1) a financial transaction was conducted or structured or attempted in violation of the reporting requirements of any State or federal law; (2) a financial transaction was conducted or attempted with the use of a false or fictitious name or a forged instrument; (3) a falsely altered or completed written instrument or a written instrument that contains any materially false personal identifying information was made, used, offered, or presented, whether accepted or not, in connection with a financial transaction; (4) a financial transaction was structured or attempted to be structured so as to falsely report the actual consideration or value of the transaction; (5) a money transmitter, a person engaged in a trade or business, or any employee of a money transmitter or a person engaged in a trade or business, knows or reasonably should know that false personal identifying information has been presented and incorporates the false personal identifying information into any report or record; (6) the criminally derived property is transported or possessed in a fashion inconsistent with the ordinary or usual means of transportation or possession of the property and where the property is discovered in the absence of any documentation or other indicia of legitimate origin or right to the property; (7) a person pays or receives substantially less than face value for one or more monetary instruments; or (8) a person engages in a transaction involving one or more monetary instruments, where the physical condition or form of the monetary instrument or instruments makes it apparent that they are not the product of bona fide business or financial transactions.

Legislative History

(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)