(1) A person commits the crime of laundering a monetary instrument if the person:
(a) Knowing that the property involved in a financial transaction represents the proceeds of some form, though not necessarily which form, of unlawful activity, conducts or attempts to conduct a financial transaction that involves the proceeds of unlawful activity:
(A) With the intent to promote the carrying on of unlawful activity; or
(B) Knowing that the transaction is designed in whole or in part to:
(i) Conceal or disguise the nature, location, source, ownership or control of the proceeds of unlawful activity; or
(ii) Avoid a transaction reporting requirement under federal law;
(b) Transports, transmits or transfers or attempts to transport, transmit or transfer a monetary instrument or funds:
(A) With the intent to promote the carrying on of unlawful activity; or
(B) Knowing that the monetary instrument or funds involved in the transportation, transmission or transfer represent the proceeds of some form, though not necessarily which form, of unlawful activity and knowing that the transportation, transmission or transfer is designed, in whole or in part, to:
(i) Conceal or disguise the nature, location, source, ownership or control of the proceeds of unlawful activity; or
(ii) Avoid a transaction reporting requirement under federal law; or
(c) Intentionally conducts or attempts to conduct a financial transaction involving property represented to be the proceeds of unlawful activity or property used to conduct or facilitate unlawful activity to:
(A) Promote the carrying on of unlawful activity;
(B) Conceal or disguise the nature, location, source, ownership or control of property believed to be the proceeds of unlawful activity; or
(C) Avoid a transaction reporting requirement under federal law.
(2)(a) Laundering a monetary instrument is a Class B felony.
(b) In addition to any other sentence of imprisonment or fine that a court may impose and notwithstanding ORS 161.625, a court may include in the sentence of a person convicted under this section a fine in an amount equal to the value of the property, funds or monetary instruments involved in the unlawful transaction.
(3) For purposes of subsection (1)(b)(B) of this section, the state may establish the defendant’s knowledge through evidence that a peace officer, federal officer or another person acting at the direction of or with the approval of a peace officer or federal officer represented the matter specified in subsection (1)(b)(B) of this section as true and the defendant’s subsequent statements or actions indicate that the defendant believed the representations to be true.
(4) For purposes of subsection (1)(c) of this section, “represented” includes, but is not limited to, any representation made by a peace officer, federal officer or another person acting at the direction of or with the approval of a peace officer or federal officer.
(5) As used in this section:
(a) “Conducts” includes initiating, concluding or participating in the initiation or conclusion of a transaction.
(b) “Federal officer” has the meaning given that term in ORS 133.005.
(c) “Financial institution” has the meaning given that term in ORS 706.008.
(d) “Financial transaction” means a transaction involving:
(A) The movement of funds by wire or other means;
(B) One or more monetary instruments;
(C) The transfer of title to any real property, vehicle, vessel or aircraft; or
(D) The use of a financial institution.
(e) “Monetary instrument” means:
(A) Coin or currency of the United States or of any other country, traveler’s checks, personal checks, bank checks, cashier’s checks, money orders, foreign bank drafts of any foreign country or gold, silver or platinum bullion or coins; or
(B) Investment securities or negotiable instruments, in bearer form or otherwise in such form that title passes upon delivery.
(f) “Peace officer” has the meaning given that term in ORS 133.005.
(g) “Transaction” includes a purchase, sale, loan, pledge, gift, transfer, delivery or other disposition and, with respect to a financial institution, includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit or other monetary instrument, use of a safe deposit box or any other payment, transfer or delivery by, through or to a financial institution by whatever means.
(h) “Unlawful activity” means any act constituting a felony under state, federal or foreign law. [1999 c.878 §1]
Note: 164.170, 164.172 and 164.174 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Section: Previous 164.132 164.135 164.138 164.140 164.160 164.162 164.164 164.170 164.172 164.174 164.205 164.210 164.215 164.220 164.225 NextLast modified: August 7, 2008