Jury InstructionAffecting Interstate or Foreign
Interstate Commerce means commerce or travel between the states,
territories, and possessions of the United States. Foreign commerce means
commerce or travel between any part of the United States and any place
the United States.|
Commerce includes among other things: travel; trade;
It is not necessary for the government to show that the defendant
actually intended or anticipated an affect on interstate or foreign
All that is necessary is that the government prove that the defendant's
affected interstate or foreign commerce no matter how minimal.[FN1]
FN1. Practitioner's Note: See United States v. Aramony,
F.3d 1369 (4th Cir. 1996) (a de minimis effect on interstate commerce is an
essential element upon which the jury must make a finding); United States
Peay, 972 F.2d 71 (4th Cir. 1992), cert. denied, 506 U.S.
(1993) (a de minimis effect on interstate commerce is essential to show
violation of § 1956); United States v. Lucas, 932 F.2d 1210 (8th
1991)(investment in shopping mall inevitably implicates interstate
United States v. Jackson, 935 F.2d 832 (7th Cir. 1991) (check drawn
bank implicates interstate commerce); United States v. Gallo, 927
(5th Cir. 1991) (drug money implicates interstate commerce); United
Farley, 760 F. Supp. 461,463 (E.D. Pa. 1991) United States v.
910 F.2d 1084 (3rd Cir. 1990); But see United States v.
F.2d 582 (10th Cir. 1991), cert. denied, 502 U.S. 926 (1991)
requirement that the transaction be 'in or affecting interstate commerce'
be met in order to confer jurisdiction on federal courts. Such, however, is
an essential element of the crime charged.")(purchase of car from dealer who
use proceeds of sale to buy more inventory in interstate commerce).
Devitt and Blackmar, § 48.05
It is not necessary for the government to show that the defendant's
transaction with a financial institution, that is with (name institution)
affected interstate or foreign commerce. All that is necessary is that at
time of the alleged offense (name institution) was engaged in or had other
activities which affected interstate or foreign commerce in any way or
Here the government presented evidence that (describe affect on
interstate/foreign commerce). If you accept that evidence, you should
that the financial transaction affected interstate or foreign commerce. If
do not accept that evidence, then you should not find an effect on