Report for the Cullen Commission: Money Laundering and Asset Forfeiture in the United States

The Cullen Commission is an official body in Vancouver, British Columbia, inquiring into the need to enact legislation enhancing the province’s criminal money laundering statutes and related asset forfeiture laws.  This report, which was submitted into evidence before the Commission on May 10, 2021, along with sworn testimony, summarizes the money laundering and asset forfeiture laws in the United States, and was presented as an aid to the Commission in deciding what changes to make to the law in British Columbia.

The Report explains the roles played by each of the respective criminal money laundering statutes in 18 U.S.C. Sections 1956 and 1957 and in the Bank Secrecy Act (31 U.S.C. Sections 5311, et seq.), discusses the differences between criminal and civil forfeiture, and sets forth the circumstances in which a prosecutor in the United States might choose to pursue a case as a civil forfeiture matter rather than as part of a the sentence in a criminal case.

Report for the Cullen Commission prepared by Stefan D. Cassella