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U.S. Attorneys' Manual

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U.S. Attorneys' Manual
Criminal Resource Manual

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 USAM 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 ____