Page:United States Statutes at Large Volume 84 Part 1.djvu/1181

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[84 STAT. 1123]
PUBLIC LAW 91-000—MMMM. DD, 1970
[84 STAT. 1123]

84 STAT. ]

PUBLIC LAW 91-508-OCT. 26, 1970

1123

(b) Reports required under this section shall be filed at such times and places, and may contain such of the following information and any additional information, in such form and in such detail, as the Secretary may require: (1) The legal capacity in which the person filing the report is acting with respect to the monetary instruments transported. (2) The origin, destination, and route of the transportation. (3) Where the monetary instruments are not legally and beneficially owned by the person transporting the same, or are transported for any purpose other than the use in his own behalf of the person transporting the same, the identities of the person from whom the monetary instruments are received, or to whom they are to be delivered, or both. (4) The amounts and types of monetary instruments transported. (c) Subsection (a) does not apply to any common carrier of passengers in respect or monetary instruments in the possession of its passengers, nor to any common carrier of goods in respect of shipments of monetary instruments not declared to be such by the shipper. §232. Forfeiture (a) Any monetary instruments which are in the process of any transportation with respect to which any report required to be filed under section 231(1) either has not been filed or contains material omissions or misstatements are subject to seizure and forfeiture to the United States. (b) For the purpose of this section, monetary instruments transported by mail, by any common carrier, or by any messenger or bailee, are in process of transportation from the time tney are delivered into the possession of the postal service, common carrier, messenger, or bailee until the time they are delivered into or retained in the possession of the addressee or intended recipient or any agent of the addressee or intended recipient for purposes other than further transportation within, or across any border of, the United States. §233. Civil liability The Secretary may assess a civil penalty upon any person who fails to file any report required under section 231, or who files such a report containing any material omission or misstatement. The amount or the penalty shall not exceed the amount of the monetary instruments with respect to whose transportation the report was required to be filed. The liabilities imposed by this chapter are in addition to any other liabilities, civil or criminal, except that the liability under this section shall be reduced by any amount actually forfeited under section 232. §234. Remission by the Secretary The Secretary may in his discretion remit any forfeiture or penalty under this chapter in whole or in part upon such terms and conditions as he deems reasonable and just. §235. Enforcement authority (a) If the Secretary has reason to believe that monetary instru- j^ff.Jl,^'^^"^"^' ments are in the process of transportation and with respect to which Issuance. a report required under section 231 has not been filed or contains material omissions or misstatements, he may apply to any court of competent jurisdiction for a search warrant. Upon a showing of probable cause, the court may issue a warrant authorizing the search of any or all of the following: (1) One or more designated persons. (2) One or more designated or described places or premises. (3) One or more designated or described letters, parcels, packages, or other physical objects.