2023 New York Laws › PEN - Penal › Part 4 - Administrative Provisions › Title X - Organized Crime Control Act › Article 470 - Money Laundering › 470.00 - Definitions.

§ 470.00 Definitions.
The following definitions are applicable to this article.
1.  "Monetary instrument" means coin and currency of the United States
or of any  other  country;  personal  checks;  bank  checks;  traveler's
checks;   money   orders;   and  investment  securities  and  negotiable
instruments, in bearer form  or  otherwise,  in  such  form  that  title
thereto  passes on delivery, except that "monetary instrument" shall not
include payments to attorneys for legal services.
2. "Conducts" includes  initiating,  concluding  or  participating  in
initiating or concluding a transaction.
3.  "Transaction"  includes  a  payment, purchase, sale, loan, pledge,
gift, transfer, or delivery, and with respect to a financial institution
includes a deposit, withdrawal, transfer between accounts,  exchange  of
currency,  loan,  extension  of  credit,  purchase or sale of any stock,
bond, certificate of deposit, or other monetary  instrument,  use  of  a
safe  deposit  box,  or  any  other  payment,  transfer, or delivery by,
through, or to a financial  institution,  by  whatever  means  effected,
except  that  "transaction"  shall not include payments to attorneys for
legal services.
4. "Criminal conduct" means conduct which is a crime under the laws of
this state or conduct committed in any other jurisdiction  which  is  or
would be a crime under the laws of this state.
5.  "Specified  criminal  conduct" means criminal conduct committed in
this state constituting a criminal act, as  the  term  criminal  act  is
defined  in section 460.10 of this chapter, or constituting the crime of
enterprise corruption, as defined in section 460.20 of this chapter,  or
conduct  committed  in  any  other  jurisdiction  which  is  or would be
specified criminal conduct if committed in this state.
6. "Financial institution" means :
(a) an insured bank, as defined in section 3(b) of the Federal Deposit
Insurance Act, 12 U.S.C. 1813(h);
(b) a commercial bank or trust company;
(c) a private banker;
(d) an agency or branch of a foreign bank in the United States;
(e) a credit union;
(f) a thrift institution;
(g) a broker or dealer registered with  the  Securities  and  Exchange
Commission  under the Securities and Exchange Act of 1934, U.S.C. 78a et
seq.;
(h) a broker or dealer in securities or commodities;
(i) an investment banker or investment company;
(j) a currency exchange;
(k) an issuer, redeemer, or  cashier  of  travelers'  checks,  checks,
money orders, or similar instruments;
(l) an operator of a credit card system;
(m) an insurance company;
(n) a dealer in precious metals, stones, or jewels;
(o) a pawnbroker;
(p) a loan or finance company;
(q) a travel agency;
(r) a person licensed to engage in the business of receiving money for
transmission  or  transmitting  the same by whatever means, or any other
person engaged in such business as an agent of a licensee or engaged  in
such business without a license;
(s) a telegraph company;
(t)  a  business  engaged  in  vehicle  sales,  including  automobile,
airplane and boat sales;
(u) persons involved in real estate closings and settlements;
(v) the United States Postal Service;
(w)  an  agency of the United States government or of a state or local
government carrying out a duty or power of a business described in  this
subdivision;
(x)  a casino, gambling casino, or gaming establishment with an annual
gaming revenue of more than a million dollars which:
(i) is licensed as a casino, gambling casino or  gaming  establishment
under  the  laws of any state or any political subdivision of any state;
or
(ii) is an Indian gaming operation conducted under or pursuant to  the
Indian Gaming Regulatory Act other than an operation which is limited to
class  1  gaming  as  defined in subdivision six of section four of such
act; or
(y)  any  business  or  agency  engaged  in  any  activity  which  the
superintendent  of  financial services or the United States Secretary of
the Treasury determines, by regulation,  to  be  an  activity  which  is
similar  to, related to, or a substitute for activity which any business
as described in this subdivision is authorized to engage.
7. "Financial transaction" means a transaction involving:
(a) the movement of funds by wire or other means; or
(b) one or more monetary instruments; or
(c) the transfer of title to any real  property,  vehicle,  vessel  or
aircraft; or
(d) the use of a financial institution.
8.  "Represented"  means  any representation made by a law enforcement
officer, or by another person at the direction of, or with the  approval
of, such law enforcement officer.
9.  "Law  enforcement  officer"  means  any public servant, federal or
state, who is authorized to conduct an investigation, prosecute or  make
an arrest for a criminal offense.
10.  For the purpose of this article, each of the five counties in the
city of New York shall be considered as a separate county.