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Jury Instruction—Knowing Monetary Instruments or Funds Involved in the Transportation Represents the Proceeds of Some Form of Unlawful Activity

18 U.S.C. § 1956(a)(2)(B)(i) and (ii)[FN1] FN1. Practitioner's Note: The intent requirement for §  1956(a)(2)(A) offenses is somewhat different. See instructions on intent for § 1956(a)(2)(A) offenses infra. This definition is not specifically found within the statute. It tracks the statutory definition found in § 1956(c)(1). The term knowing that the monetary instrument or funds involved in the transportation[FN2] represent the proceeds of some form of unlawful activity means that the person knew the monetary instrument or funds involved in the transportation represented proceeds from some form, though not necessarily which form, of activity that constitutes a felony offense under state, federal or foreign law.[FN3] Thus, the government need not prove that the defendant specifically knew that the [monetary instruments or funds] involved in the transportation 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 necessary which form, of felonious criminal activity under state, federal, or foreign law. FN2. The words "transmission" or "transfer" are not contained in this section of the statute. It is believed that this is merely an omission created by the 1988 amendment to the term "transportation" in the first part of paragraph two. The Justice Department has sought a technical amendment to correct this matter. FN3. 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)(2)(B)(i) and (ii) Granted ____ Denied ____