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HOUSE_OVERSIGHT_024713

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ACKRELL CAPITAL CHAPTER IV_ U.S. Legal Landscape partners and consider many factors, including FDA resources and threats to public health. Beyond this statement, the FDA has not published detailed guidance about its cannabis-related enforcement priorities. Bank Secrecy Act and Other Federal Laws Regarding Financial Transactions Financial transactions in connection with cannabis-related CSA violations may implicate federal laws other than the CSA itself, including the federal money laundering statute, the federal unlicensed money transmitter statute and the Bank Secrecy Act (BSA). The federal money laundering statute imposes penalties on any person who conducts or attempts certain financial or monetary transactions involving the proceeds of a “continuing criminal enterprise” (a term, used in the CSA, that arguably encompasses many cannabis businesses). Violations of the federal money laundering statute may result in fines equal to twice the value of the property involved in the transaction (or $500,000, if greater) and imprisonment for up to 20 years. The federal unlicensed money transmitter statute makes it illegal for any person to operate or own a money transmitter business that involves the transportation or transmission of funds known to have been derived from or intended to promote or support criminal violations of the CSA. Violations of the law may result in fines and imprisonment for up to 5 years. The BSA requires banks and other financial institutions to maintain certain records and to file certain reports deemed useful in criminal, tax or regulatory proceedings or in government intelligence and counterterrorism activities. Federal regulations under the BSA require financial institutions to file with the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of the Treasury charged with administering the BSA, a suspicious activity report (SAR) if the financial institution knows, suspects or has reason to suspect that a transac

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