U.S. Code » Title 21 » Chapter CHAPTER 13— DRUG ABUSE PREVENTION AND CONTROL › Subchapter SUBCHAPTER I— CONTROL AND ENFORCEMENT › Part Part D— Offenses and Penalties

21 U.S.C. § 854

Investment of illicit drug profits

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(a) Prohibition

It shall be unlawful for any person who has received any income derived, directly or indirectly, from a violation of this subchapter or subchapter II punishable by imprisonment for more than one year in which such person has participated as a principal within the meaning of section 2 of title 18, to use or invest, directly or indirectly, any part of such income, or the proceeds of such income, in acquisition of any interest in, or the establishment or operation of, any enterprise which is engaged in, or the activities of which affect interstate or foreign commerce. A purchase of securities on the open market for purposes of investment, and without the intention of controlling or participating in the control of the issuer, or of assisting another to do so, shall not be unlawful under this section if the securities of the issuer held by the purchaser, the members of his immediate family, and his or their accomplices in any violation of this subchapter or subchapter II after such purchase do not amount in the aggregate to 1 per centum of the outstanding securities of any one class, and do not confer, either in law or in fact, the power to elect one or more directors of the issuer.

(b) Penalty

Whoever violates this section shall be fined not more than $50,000 or imprisoned not more than ten years, or both.

(c) “Enterprise” defined

As used in this section, the term “enterprise” includes any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity.

(d) Construction

The provisions of this section shall be liberally construed to effectuate its remedial purposes.

(Pub. L. 91–513, title II, § 414, as added Pub. L. 98–473, title II, § 303, Oct. 12, 1984, 98 Stat. 2049.)
Notes of Decisions
Cited in 30 cases (3 in the last 5 years), 1987–2025 · leading case: Posters 'N' Things, Ltd. v. United States, 511 U.S. 513 (1994).
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Posters 'N' Things, Ltd. v. United States, 511 U.S. 513 (1994). · cites it 2× “§ 841 (a)(1); investing income derived from a drug offense, in violation of 21 U. S. C. § 854 ; money laundering, in violation of 18 U.”
United States of Am., & v. Doloras Contreras, & Cross-Appellee, 108 F.3d 1255 (10th Cir. 1997). · cites it 2× “Contreras with receiving income from the distribution of controlled substances, and investing this income in Amador Investors, 1 in violation of 21 U.S.C. § 854 (1994). Although Ms. Contreras moved to dismiss the superseding indictment due to vindictive prosecution, the' trial…”
Cohen v. JP Morgan Chase & Co., 498 F.3d 111 (2d Cir. 2007). “See 21 U.S.C. § 854 (a) (making it unlawful for any person who has derived income from violation of federal drug laws "to use or invest, directly or indirectly, any part of such income” in interstate commerce (emphasis added)).”
United States v. Donald Edward Miles, 290 F.3d 1341 (11th Cir. 2002). “§§ 2 and 1956; and one count of investment of illegal drug profits, in violation of 21 U.S.C. § 854 , and 18 U.S.C. § 2 . For the following reasons, we will affirm in part, vacate in part, and *1345 remand for further proceedings consistent with this opinion.”
United States v. Tarantino, 846 F.2d 1384 (D.C. Cir. 1988). “IV1986), 1962(a) (1982), and 21 U.S.C. § 854 (Supp. Ill 1985)), under which Black was not charged.”
United States v. Contreras, 180 F.3d 1204 (10th Cir. 1999). · cites it 2× “Contreras with conspiracy to possess with the intent to distribute cocaine, conspiracy to distribute cocaine, receiving income from the distribution of controlled substances, and investing the ill-gotten gains, in violation of 21 U.S.C. § 854 . On December 15, 1994, after a…”
Rafael Lara-Chacon v. John Ashcroft, Attorney Gen., 345 F.3d 1148 (9th Cir. 2003). “” See 21 U.S.C. § 854 . The Arizona statute under which Lara Chacon was convicted defines money laundering as follows: “A person is guilty of money laundering in the second degree who: 1.”
United States v. Humberto Hinojosa & Carlos Lerma, 958 F.2d 624 (5th Cir. 1992). “§ 1957 ; and investing illegal proceeds in violation of 21 U.S.C. § 854 . He was sentenced to a total prison term of 300 months, followed by five years supervised release.”
United States v. Walter Mollier, 853 F.2d 1169 (5th Cir. 1988). “Sales by the defendant to its co-defendant doctor reached levels of 5,000 to 6,000 half-grain tablets per month.”
United States v. Louisiana, 196 F. Supp. 3d 612 (M.D. La. 2016). “, 21 U.S.C. § 854 (d) (“The provisions of this section shall be liberally construed to effectuate its remedial purposes.”
United States of Am., & v. Sonia Gallegos, & Cross-Appellee, 108 F.3d 1272 (10th Cir. 1997). “Gallegos with receiving income from the distribution of controlled substances, and in *1276 vesting this income in Amador Investors, 1 in violation of 21 U.S.C. § 854 (1994). Although Ms. Gallegos moved to dismiss the superseding indictment due to vindictive prosecution, the…”
United States v. Eleno Aguirre, 108 F.3d 1284 (10th Cir. 1997). “Aguirre with receiving income from the distribution of controlled substances and investing this income in the E & J Lounge, in violation of 21 U.S.C. § 854 (1994). Count XVII charged Mr.”
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