Added by Stats. 1986, Ch. 1039, Sec. 3.
Title 11 - RECORDS AND REPORTS OF MONETARY INSTRUMENT TRANSACTIONS
California Penal Code — §§ 14160-14167
Sections (8)
Amended by Stats. 1997, Ch. 867, Sec. 60. Effective January 1, 1998.
As used in this title:
Amended by Stats. 1992, Ch. 672, Sec. 4. Effective January 1, 1993.
Added by Stats. 1986, Ch. 1039, Sec. 3.
Except as otherwise provided, a financial institution may exempt from the reporting requirements of Section 14162 monetary instrument transactions exempted from the reporting requirements of Section 5313 of Title 31 of the United States Code. However, the exemption shall be approved in writing and with the signature of two or more officers of the financial institution and subject to review and disapproval for reasonable cause by the department. An exemption disapproved by the department in writing shall be effective to require reporting pursuant to Section 14162 within five business days of the time the disapproval is communicated to the financial institution. The department may require, by regulation, the maintenance, and may provide for the inspection, of records of exemptions granted under this section.
Added by Stats. 1986, Ch. 1039, Sec. 3.
Amended by Stats. 1997, Ch. 578, Sec. 3. Effective January 1, 1998.
Amended by Stats. 1994, Ch. 1187, Sec. 5. Effective January 1, 1995.
Any person (a) who willfully violates any provision of this title or any regulation adopted to implement Section 14162, (b) who, knowingly and with the intent either (1) to disguise the fact that a monetary instrument was derived from criminal activity or (2) to promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on of any criminal activity, furnishes or provides to a financial institution or any officer, employee, or agent thereof or to the department, any false, inaccurate, or incomplete information or conceals a material fact in connection with a transaction for which a report is required to be filed pursuant to either Section 14162 of this code or Section 5313 of Title 31 of the United States Code, or in connection with an exemption prescribed in Section 14163, or (c) who, knowingly and with the intent either (1) to disguise the fact that a monetary instrument was derived from criminal activity or (2) to promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on of any criminal activity, conducts a monetary instrument transaction or series of transactions by or through one or more financial institutions as part of a scheme and with the intent to avoid the making or filing of a report required under either Section 14162 of this code or Section 5313 of Title 31 of the United States Code, shall be punished by imprisonment in the county jail for not more than one year or in the state prison, by a fine of not more than the greater of two hundred fifty thousand dollars ($250,000) or twice the monetary value of the financial transaction or transactions, or by both that imprisonment and fine.
Notwithstanding any other provision of law, any violation of this section as to each monetary instrument transaction or exemption constitutes a separate, punishable offense.
Amended by Stats. 2021, Ch. 615, Sec. 352. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.
Any report, record, information, analysis, or request obtained by the department or any agency pursuant to this title is not a public record as defined in Section 7920.530 of the Government Code and is not subject to disclosure under Article 1 (commencing with Section 7922.500) and Article 2 (commencing with Section 7922.525) of Chapter 1 of Part 3 of Division 10 of Title 1 of the Government Code.