2131

Jury Instruction—Elements of 18 U.S.C. §  1956(a)(2)(A)

There are three elements to Count __ of this indictment which the government must prove: FIRST, the defendant must knowingly transport, transmit, or transfer, or attempt to transport, transmit, or transfer [a] monetary instrument[s] or funds SECOND, from a place in the United States to or through a place outside the United States or to a place in the United States from or through a place outside the United States; THIRD, the defendant must do so with the intent to promote the carrying on of [a] specified unlawful activity. OPTIONAL ADDITION: I instruct you further that under this statute it makes no difference whether the property transported, transmitted, or transferred, or attempted to be transported, transmitted or transferred, is derived from criminal activity or not. It could be legitimately earned income or even money provided by a government agent in the course of an undercover operation. Where the money came from does not matter. What matters, as I have said, is that the defendant transported, transmitted or transferred, [or attempted to do the same], the property with the intent to promote the carrying on of specified unlawful activity. Title 18 U.S.C. § 1956(a)(2)(A) Granted ____ Denied ____