Count __ of the indictment charges the defendant with a violation of Title 18, U.S.C. § 1956(a)(2)(B)(ii). This statute provides in pertinent part:
- (a)(2) Whoever transports, transmits, or transfers,[FN1] or attempts to transport, transmit, or transfer a monetary instrument or funds 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 --
(B) knowing that the monetary instrument or funds involved in the transportation represent the proceeds of some form of unlawful activity and knowing that such transportation is designed in whole or in part --
(ii) to avoid a transaction reporting requirement under state or federal law is guilty of an offense against the United States.
FN1. Practitioner's Note: The terms "transmits" and "transfers" were added in 1988; see text within § 1956 chapter for explanation of issues that may arise because of that addition. See also United States v. Monroe, 943 F.2d 1007 (9th Cir. 1991) ("transportation" included wire transfers of funds even before 1988 amendment).
Title 18, U.S.C. § 1956(a)(2)(B)(ii)