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Jury Instruction—Elements of 18 U.S.C. §  1956(a)(1)(B)(ii)

There are four elements to Count __ of this indictment which the government must prove: FIRST, the defendant must knowingly conduct or attempt to conduct a financial transaction; SECOND, the defendant must know that the property involved in the financial transaction represents the proceeds of some form of unlawful activity; THIRD, the property involved in the financial transaction must, in fact, involve the proceeds of specified unlawful activity; and FOURTH, the defendant must engage in the financial transaction knowing that the transaction is designed in whole or in part to avoid a transaction reporting requirement under state or federal law, that is [specify reporting requirement alleged to have been violated].[FN1] FN1. Practitioner's Note: See footnote on previous page. Court could elect to give the reporting instruction at this point. Title 18, U.S.C. § 1956(a)(1)(B)(ii) Granted Denied