2141

Jury Instruction—Knowledge Requirement—18 U.S.C. § 1956(a)(2)(B)(i) and (ii) (Sting)

Additional Elements Under the subsection of the statute by which the defendant is charged, the government is entitled to prove the defendant's knowledge (that is, that the defendant violated this statute knowingly) by proof that a law enforcement officer represented as true any of the elements required to be proved and that the defendant's subsequent statements or actions indicate that the defendant believed such representation to be true. Thus, under this subsection of the statute it makes no difference whether the property transported, transmitted or transferred or attempted to be transported, transmitted or transferred is actually derived from criminal activity. It could be money provided by an undercover government agent in the course of an undercover investigation. Where the money came from does not matter. What matters is that the undercover agent represented the money as having come from some form of unlawful activity and that the defendant, by his subsequent statement or actions, believed the representation to be true. The term "represented" means any representation made by a law enforcement officer or by another person at the direction of, or with the approval of, a federal officer authorized to investigate or prosecute violations of this section. In this case, the representation was made by _____________. I instruct you that _______________ [describe position held by person making the representation or working at the behest of the federal official] is a federal official [or a person working at the behest of the federal official] authorized to investigate or prosecute violations of this section. Title 18, U.S.C. § 1956(a)(2)(B)(i) and (ii) Granted ____ Denied ____