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2173. Jury Instruction -- Criminally Derived Property -- 18 U.S.C. 1957(f)(2)

The term "criminally derived property" means any property constituting or derived from, proceeds obtained from a criminal offense.[FN1]

  1. FN1. Practitioner's Note: This term only requires that the property be derived from a criminal offense. There is no definition of criminal offense. Thus, there is no obligation that the property be derived from felonious conduct in violation of state, federal or foreign law.

OPTIONAL INSTRUCTION

Thus, the government must prove only that defendant knew that the property involved in the monetary transaction constituted, or was derived from, [directly or indirectly], proceeds obtained by some criminal offense. It need not prove that he/she knew the precise nature of the criminal offense from which the proceeds derived.

As I instructed you previously, knowledge can be established in any of the following ways:

  1. [INSERT DEFINITIONS OF "KNOWINGLY" AND "WILLFUL BLINDNESS."]

Title 18, U.S.C. § 1957(f)(2).

Granted ____

Denied ____

Updated January 17, 2020