S. 378Senate111th Congress (2009-2011)In Committee

Money Laundering Control Enhancement Act of 2009

Sponsored by Evan BayhSen. Evan Bayh (D-IN)
Introduced February 4, 2009

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SenateIntro Referral Latest Action

Sponsor introductory remarks on measure. (CR S2072-2073)

February 10, 2009

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SenateIntro Referral

Introduced in Senate

February 4, 2009

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

February 4, 2009

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S2072-2073)

February 10, 2009

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Introduced in SenateIssued February 4, 2009

II

111th CONGRESS

1st Session

S. 378

IN THE SENATE OF THE UNITED STATES

February 4, 2009

Mr. Bayh (for himself and Mr. Graham) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To correct the interpretation of the term proceeds under RICO.

1.

Short title

This Act may be cited as the Money Laundering Control Enhancement Act of 2009.

2.

Findings

Congress finds the following:

(1)

According to the 2007 National Money Laundering Strategy, Money laundering, in its own right, is a serious threat to our national and economic security. Integrating illicit proceeds into the financial system enables organized crime, fuels corruption, and erodes confidence in the rule of law..

(2)

The United Nations Convention Against Transnational Organized Crime, the Model Money Laundering Act, and the 14 States that have money laundering statutes that define the term proceeds do so in a way that encompasses gross receipts.

(3)

In United States v. Santos (2008) (128 S. Ct. 2020), the Supreme Court misinterpreted Congressional intent with respect to the definition of proceeds in money laundering crimes.

3.

Proceeds

Section 1956(c)(1) of title 18, United States Code, is amended by striking represented proceeds and inserting represented proceeds, including gross receipts,.

4.

Sentencing Commission Study

The United States Sentencing Commission shall—

(1)

study any merger problem that may result from the amendment made by this Act and, if necessary, amend its guidelines to avoid unwarranted sentencing disparities among those found guilty of similar criminal conduct; and

(2)

report the findings of the study to Congress not later than 6 months after the date of enactment of this Act.