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2171. Jury Instruction -- Elements Of 18 U.S.C. 1957

There are five elements to this offense that the government must prove:

FIRST, the defendant must knowingly engage or attempt to engage in a monetary transaction;

SECOND, the defendant must know that the transaction involved criminally derived property;

THIRD, the criminally derived property must be of a value greater than $10,000;

FOURTH, the criminally derived property must also, in fact, have been derived from a specified unlawful activity; and

FIFTH, the monetary transaction must have taken place [specify either]:

  1. [in the United States [or, if applicable, the special maritime jurisdiction of the United States as defined in 18 U.S.C. § 7]]; or [outside the United States and the defendant is a U.S. person. You are instructed that the term "U.S. person" means [insert one of the six subsections of 18 U.S.C. §  3077(2), except for subsection (2)(D) which is expressly excluded by §  1957(d)(2)]].

In this case, it is alleged that the financial transaction took place in _____________. I instruct you that this is within the [territory] of the United States.

Title 18, U.S.C. § 1957

Granted ____

Denied ____

Updated January 17, 2020