NC LEG AML Criminalization, Retail


On Jun. 6, NC LEG passed bill to revise AML, retail crime provisions.


  • NC LEG passed Bill HB 495 to criminalize money laundering and change larceny rules.
  • Amended North Carolina General Statutes, to add NC LEG 14-118.8, amend NC LEG 75D-3(c)(1)c., NC LEG 14-86.5, NC LEG 14-86.6, NC LEG 14-72.1, NC LEG 14-72.11.
  • AML Provisions
  • Defined criminal activity, financial institution, funds, insurer, proceeds of criminal activity, and transaction, and removed the definition for retail property fence.
  • Establishes the offense of money laundering if a person knowingly and willingly engages in certain activities as listed, separately or a combination, in excess of $10k.
  • Knowledge of specific criminal activity resulting in the proceeds is required to establish a culpable mental state per NC LEG 14-118.8, provides defense, conspiracy liability.
  • Sets the felony class for AML violations if fines are less than, or greater than $100k.
  • Property used in commission of AML violations are subject to forfeiture proceedings.
  • Larceny Provisions
  • Expands offense of conspiracy to steal from retail establishments to include persons who conspire with others to sell, transfer, or possess retail property for monetary gain.
  • Defines antishoplifting or inventory control device with specifics on product code use.
  • Legislative History
  • On Mar. 28, 2023, bill introduced in House; on Apr. 26, 2023, bill was passed in House.
  • On Apr. 27, 2023, bill delivered to Senate; on Jun. 6, 2024, bill was passed in Senate.
  • Effectiveness
  • If enacted, act effective Dec. 1, 2024, for offenses committed on or after that date.
  • Jun. 20, 2024 NC LEG Bill Updates
  • On Jun. 20, 2024, NC LEG reported bill was ratified and sent to governor for action.
  • Follows Jun. 19, 2024 House concurrence of the Senate Committee Substitute bill.
  • Jun. 28, 2024 Governor Approval
  • On Jun. 28, 2024, NC LEG reported bill HB 495 signed by governor, Ch. SL 2024-22.

Regulators NC LEG
Entity Types Bank; CNSM; Corp; Ins
Reference PR, Ch. SL 2024-22, PR, 6/28/2024; Bill 6/20/2024; Bill HB495, 6/6/2024; Citation: *NC LEG* 14-118.8, 75D, 14-86.5, 14-86.6, 14-72.1, 14-72.11;
Functions AML; Compliance; Financial; Fraud; Legal; Operations
Countries United States of America
Category
State
Products Banking; Corporate; Insurance
Regions Am
Rule Type Final
Rule Date 6/6/2024
Effective Date 12/1/2024
Rule Id 214925
Linked to N/A
Reg. Last Update 6/28/2024
Report Section US Consumer

Last substantive update on 07/03/2024