USA Patriot Act

The United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 was signed by the President on October 26, 2001 and became law. The Act enhances domestic security against terrorism by developing a national network of electronic crime task forces. Surveillance procedures are enhanced by expanding wiretapping authority relating to terrorism, computer fraud and abuse while clarifying circumstances to share information.

A broader list of records may be subpoenaed from an internet service provider for electronic evidence. A uniform, standard court is created to delay notification of search warrants in criminal investigations. Gives modification of the authorities relating to the use of pen register and trap & trace devices. Allows for nationwide service of search warrants to ISPs and others to obtain electronic evidence.

Prohibits domestic banks from maintaining a correspondent bank for a foreign shell bank that has no physical presence in any country. Adds foreign corruption offenses under a multilateral extradition treaty. Grants US courts jurisdiction over foreign persons and foreign banks in civil money laundering cases. Treats funds deposited to a foreign bank account as if they were deposited to the foreign bank's US interbank account. Creates a mechanism for serving a subpoena for bank records on a foreign bank.

Defines the role of Financial Crimes Enforcement Network (FinCEN) to maintain a government wide data access service on currency flow; and analyze and disseminate identifying data on criminal activity to support financial investigations. Makes a criminal offense to smuggle money in or out of the US to evade filing requirements. Currency can be confiscated as the corpus delicti of the smuggling offense.

Allows for criminal and civil forfeiture of proceeds. Expands prohibited acts including transmission of funds proceeds and promoting an unlawful activity. Allows the Attorney General to pay rewards to combat terrorism. Amends RICO statute to include terrorism as a racketeering activity. Authorizes the FBI to establish regional computer forensic laboratories. Clarifies venue in money laundering cases.

This general information should be supplemented with specific information from the Office of the US Attorney for legal advice. See the full text of the bill at http://ciweb/legislativeaffairsctr/.