2119

Jury Instruction—Knowing Property Represents Proceeds of Some Form of Unlawful Activity

18 U.S.C. § 1956(a)(1)[FN1] FN1. Practitioner's Note: The knowledge requirement for §  1956(a)(2)(A) offenses is somewhat different. See instructions on intent for § 1956(a)(2)(A) offenses infra. The term knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity means that the person knew the property involved in the transaction represented proceeds from some form, though not necessarily which form, of activity that constitutes a felony offense under state, federal or foreign law.[FN2] Thus, the government need not prove that the defendant specifically knew that the [property/funds/monetary instruments] involved in the financial transaction represent the proceeds of [specify predicate offense] or any other specific offense; it need only prove that [he/she] knew that [it/they] represented the proceeds of some form, though not necessarily which form, of felonious criminal activity under state, federal, or foreign law. FN2. The statute was amended to include knowledge of violations of foreign law on November 29, 1990. In this case, it is the government's theory that the defendant knew that the proceeds were derived from [specify offense]. I advise you that [specify offense] is a felony under [specify state, federal or foreign] law. Title 18, U.S.C. § 1956(a)(1) Granted ____ Denied ____