PolicyBrief
S. 3801
119th CongressFeb 5th 2026
Combating Money Laundering, Terrorist Financing, and Counterfeiting Act of 2026
IN COMMITTEE

This Act significantly strengthens federal efforts to combat money laundering, terrorist financing, and counterfeiting by increasing penalties, expanding investigative authority, and closing loopholes in financial crime statutes.

Charles "Chuck" Grassley
R

Charles "Chuck" Grassley

Senator

IA

LEGISLATION

New Anti-Money Laundering Bill Doubles Prison Time for Cash Smuggling and Expands Wiretap Powers to Tax Evasion Investigations.

The Combating Money Laundering, Terrorist Financing, and Counterfeiting Act of 2026 is a massive overhaul of how the government tracks and punishes the movement of 'dirty' money. At its core, the bill significantly raises the stakes for financial crimes, doubling the maximum prison sentence for bulk cash smuggling from five to ten years and introducing 'aggravated' fines that can double the standard penalty if the crime is part of a pattern of illegal activity. It also modernizes the definition of money laundering to include 'blank' checks over $10,000 and informal transfer systems like hawalas, ensuring that high-tech or old-school methods of moving money without a paper trail are equally targeted.

The Paper Trail Gets Longer

One of the most practical changes involves how the government counts to $10,000—the magic number that often triggers federal money laundering charges. Under Section 4, prosecutors no longer have to find a single $10,000 transaction. Instead, they can aggregate a series of smaller, related transactions that total over $10,000, or point to money moving out of an account where illegal cash was mixed with legitimate business earnings. For a small business owner, this means the 'commingling' of funds becomes a much higher legal risk. Additionally, Section 9 expands international money laundering laws to include tax evasion. This means moving money across U.S. borders specifically to dodge the IRS can now be prosecuted with the same intensity as organized crime activities.

Digital Ears and Business Fears

Section 8 of the bill hands law enforcement a much bigger toolbox by restoring and expanding wiretap authority. Judges will now be able to authorize electronic surveillance for investigations into unlicensed money services, counterfeiting, and cash smuggling. While this is aimed at dismantling cartels, it raises the ceiling on government surveillance for financial 'course of conduct' crimes. Furthermore, Section 6 rebrands 'money transmitting businesses' as 'money services businesses' and imposes 10-year prison sentences for those handling over $1 million annually without proper registration. This broad definition could catch anyone from a professional remittance service to an informal neighborhood lender who hasn't kept up with federal registration requirements (31 U.S.C. 5330).

The Fine Print on Government Power

While the bill cracks down on private citizens and businesses, Section 14 includes a 'Rule of Construction' that explicitly exempts authorized government law enforcement, protective, or intelligence activities from these new rules. This creates a bit of a double standard: while the Secret Service gets clarified and expanded authority to investigate you (Section 12), the government’s own sensitive financial operations remain outside the scope of this specific law. For the average person, the takeaway is clear: the government is making it easier to link small actions into a major criminal case, and they are willing to listen in more often to do it.