11370.9
. (a) It is unlawful for any person knowingly to receive or
acquire proceeds, or engage in a transaction involving proceeds,
known to be derived from any violation of this division or Division
10.1 with the intent to conceal or disguise or aid in concealing or
disguising the nature, location, ownership, control, or source of the
proceeds or to avoid a transaction reporting requirement under state
or federal law.
(b) It is unlawful for any person knowingly to give, sell,
transfer, trade, invest, conceal, transport, or maintain an interest
in, or otherwise make available, anything of value which that person
knows is intended to be used for the purpose of committing, or
furthering the commission of, any violation of this division or
Division 10.1 with the intent to conceal or disguise or aid in
concealing or disguising the nature, location, ownership, control, or
source of the proceeds or to avoid a transaction reporting
requirement under state or federal law.
(c) It is unlawful for any person knowingly to direct, plan,
organize, initiate, finance, manage, supervise, or facilitate the
transportation or transfer of proceeds known to be derived from any
violation of this division or Division 10.1 with the intent to
conceal or disguise or aid in concealing or disguising the nature,
location, ownership, control, or source of the proceeds or to avoid a
transaction reporting requirement under state or federal law.
(d) It is unlawful for any person knowingly to conduct a
transaction involving proceeds derived from a violation of this
division or Division 10.1 when the transaction is designed in whole
or in part to conceal or disguise the nature, location, source,
ownership, or control of the proceeds known to be derived from a
violation of this division or Division 10.1 with the intent to
conceal or disguise or aid in concealing or disguising the nature,
location, ownership, control, or source of the proceeds or to avoid a
transaction reporting requirement under state or federal law.
(e) A violation of this section shall be punished by imprisonment
in a county jail for not more than one year or in the state prison
for a period of two, three, or four years, by a fine of not more than
two hundred fifty thousand dollars ($250,000) or twice the value of
the proceeds or property involved in the violation, whichever is
greater, or by both that imprisonment and fine. Notwithstanding any
other provision of law, each violation of this section shall
constitute a separate, punishable offense without limitation.
(f) This section shall apply only to a transaction, or series of
related transactions within a 30-day period, involving over
twenty-five thousand dollars ($25,000) or to proceeds of a value
exceeding twenty-five thousand dollars ($25,000).
(g) In consideration of the constitutional right to counsel
afforded by the Sixth Amendment to the United States Constitution and
Section 15 of Article 1 of the California Constitution, this section
is not intended to apply to the receipt of, or a related transaction
involving, a fee by an attorney for the purpose of providing advice
or representing a person in a criminal investigation or prosecution.
(h) For the purposes of this section, the following terms have the
following meanings:
(1) "Proceeds" means property acquired or derived directly or
indirectly from, produced through, or realized through any violation
of this division or Division 10.1.
(2) "Transaction" includes a purchase, sale, trade, loan, pledge,
investment, gift, transfer, transmission, delivery, deposit,
withdrawal, payment, electronic, magnetic, or manual transfer between
accounts, exchange of currency, extension of credit, purchase or
sale of any monetary instrument, or any other acquisition or
disposition of property by whatever means effected.
(3) "Represented by a law enforcement officer" means any
representation of fact made by a peace officer as defined in Section
7 of the Penal Code, or a federal officer described in subsection (e)
of Sections 1956 and 1957 of Title 18 of the United States Code, or
by another person at the direction of, or with the approval of, that
peace officer or federal officer.