AMENDMENT 378
Section 2S1.1(a)(1) is amended by deleting "or (a)(2)(A)" and inserting in lieu thereof
", (a)(2)(A), or (a)(3)(A)".
Section 2S1.1(b)(1) is amended by inserting "or believed" immediately following "knew".
The Commentary to §2S1.1 captioned "Background" is amended in the third paragraph by deleting "or (a)(2)(A)" and inserting in lieu thereof ", (a)(2)(A), or (a)(3)(A)"; and by deleting "did not merely conceal a serious crime that had already taken place, but" immediately before "encouraged".
Reason for Amendment: This amendment revises this guideline to reflect the enactment of subsection (a)(3) of 18 U.S.C. § 1956 that authorizes undercover "sting" operations in money laundering cases. Such cases differ from those prosecuted under subsection (a)(1) in that the money being laundered is not actually criminal proceeds, but is government "sting" money that an undercover officer represents to be criminal proceeds. In all other respects, subsections (a)(1) and (a)(3) are the same.
Effective Date: The effective date of this amendment is November 1, 1991.