U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 95— RACKETEERING

18 U.S.C. § 1960

Prohibition of unlicensed money transmitting businesses

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(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 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(3) the term “State” means any State of the United States, the District of Columbia, the Northern Mariana Islands, and any commonwealth, territory, or possession of the United States.(Added Pub. L. 102–550, title XV, § 1512(a), Oct. 28, 1992, 106 Stat. 4057; amended Pub. L. 103–325, title IV, § 408(c), Sept. 23, 1994, 108 Stat. 2252; Pub. L. 107–56, title III, § 373(a), Oct. 26, 2001, 115 Stat. 339; Pub. L. 109–162, title XI, § 1171(a)(2), Jan. 5, 2006, 119 Stat. 3123.)Editorial NotesAmendments

2006—Subsec. (b)(1)(C). Pub. L. 109–162 substituted “to be used” for “to be used to be used”.

2001—Pub. L. 107–56 amended section catchline and text generally, substituting provisions relating to prohibition of unlicensed money transmitting businesses for similar provisions relating to prohibition of illegal money transmitting businesses.

1994—Subsec. (b)(1). Pub. L. 103–325 amended par. (1) generally. Prior to amendment, par. (1) read as follows:

“(1) the term ‘illegal money transmitting business’ means a money transmitting business that affects interstate or foreign commerce in any manner or degree and which is knowingly operated in a State—

“(A) without the appropriate money transmitting State license; and

“(B) where such operation is punishable as a misdemeanor or a felony under State law;”.

Notes of Decisions
Cited in 138 cases (37 in the last 5 years), 1985–2026 · leading case: United States v. Talebnejad, 342 F. Supp. 2d 346 (D. Maryland 2004).
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United States v. Talebnejad, 342 F. Supp. 2d 346 (D. Maryland 2004). · cites it 34× “§ 371 (Count I), and two counts of operating an unlicensed money trans *348 mitting business in violation of 18 U.S.C. § 1960 (Counts II and III). Defendants have filed a Motion to Dismiss Indictment and Forfeiture Claims and a Motion to Dismiss Indictment for Selective…”
United States v. Mazza-Alaluf, 621 F.3d 205 (2d Cir. 2010). · cites it 13× “Title 18 U.S.C. § 1960 (b)(1)(A), under which Mazza-Alaluf was convicted for operating Turismo without appropriate state licenses, does not require the government to prove that the charged money *208 transmitting business was a “domestic financial institution.”
United States v. Murgio, 209 F. Supp. 3d 698 (S.D.N.Y. 2016). · cites it 13× “Section 1960 makes it a crime to “knowingly conduct[], control[], manage! ], supervise! ], direct! ], or own[ ] all or part of an unlicensed money transmitting business.”
United States v. Keleta, 552 F.3d 861 (D.C. Cir. 2009). · cites it 18× “Keleta was convicted of operating a money-transmitting business without a license, in violation of 18 U.S.C. § 1960 . He was sentenced pursuant to United States Sentencing Guidelines §§ 2S1.”
United States v. Abdullahi, 520 F.3d 890 (8th Cir. 2008). · cites it 12× “Count Two alleged that Abdullahi operated an unlicensed money transmitting business between approximately October 26, 2001, and January 14, 2003, in violation of 18 U.S.C. § 1960 (b)(1)(A) and (B), and (b)(2).”
United States v. E-Gold, Ltd., 550 F. Supp. 2d 82 (D.D.C. 2008). · cites it 13× “18 U.S.C. § 1960 makes it a crime to operate an unlicensed money transmitting business.”
United States v. Banki, 685 F.3d 99 (2d Cir. 2011). · cites it 6× “Money Transmitting Instructions (Counts One and Three) Count Three charged Banki with conducting, or aiding and abetting the conduct of, an unlicensed money-transmitting business, in violation of 18 U.S.C. § 1960 . Under § 1960, “[wjhoever knowingly conducts, controls, manages,…”
United States v. Michael Lord, 915 F.3d 1009 (5th Cir. 2019). · cites it 3× “MSBs are subject to 18 U.S.C. § 1960 , which criminalizes the failure to obtain a state license, when required, and to comply with federal registration requirements.”
United States v. Galo Velastegui, Also Known as Galo R. Velastegui, & Gmj Travel & Shipping Corp., 199 F.3d 590 (2d Cir. 1999). · cites it 7× “We determine that the particular conduct alleged in the indictment falls within the ambit of conduct that 18 U.S.C. § 1960 (a) makes criminal. Accordingly, we reverse.”
United States v. $215, 587.22 in U.S. Currency, 306 F. Supp. 3d 213 (D.C. Cir. 2018). · cites it 12× “" A federal statute, 18 U.S.C. § 1960 , makes it a crime to operate one without a license.”
United States v. Mazza-Alaluf, 607 F. Supp. 2d 484 (S.D.N.Y. 2009). · cites it 16× “§ ■ 371 with conspiring to conduct an unlicensed money-transmitting business in violation of 18 U.S.C. § 1960 , and the second count charged him with a substantive violation of section 1960.”
United States v. Talebnejad, 460 F.3d 563 (4th Cir. 2006). · cites it 32× “OPINION WILKINS, Chief Judge: The United States appeals an order of the district court dismissing the indictment against Farhad Talebnejad and his parents (collec- tively, "the Talebnejads").”
Show all 138 citing cases →
— 18 U.S.C. § 1960(b)(1)(A) — 1 case
United States v. Barre, 313 F. Supp. 2d 1086 (D. Colo. 2004).
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