This is archived content from the U.S. Department of Justice website. The information here may be outdated and links may no longer function. Please contact if you have any questions about the archive site.

2172. Jury Instruction -- Monetary Transaction -- 18 U.S.C. 1957(f)(1)

The term monetary transaction means the [deposit] [withdrawal] [transfer] or [exchange], in or affecting interstate or foreign commerce of funds or a monetary instrument[FN1] by, through, or to a financial institution.[FN2] The term monetary transaction does not include any transaction necessary to preserve a person's right to representation as guaranteed by the Sixth Amendment to the Constitution.[FN3]

  1. FN1. Since 1988, the term monetary instrument is defined as in §  1956(c)(5). Before 1988, it was defined as in 31 U.S.C. § 5311 and 31 C.F.R. § 103.11(m).

    FN2. Financial institution is defined as in 31 U.S.C. § 5312.

    FN3. Practitioner's Note: See JM 9-105.000 for guidelines regarding the prosecution of attorneys. See also United States v. Monsanto, 491 U.S. 600 (1989); Caplin and Drysdale, Chartered v. United States, 491 U.S. 617 (1989).

Title 18, U.S.C., § 1957(f)(1)

Granted ____

Denied ____

Updated January 17, 2020