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Criminal Resource Manual

2179. Jury Instruction -- Financial Transaction -- 18 U.S.C. 1956(c)(4)

The term financial transaction[FN1] means any "transaction," as that term has just been defined, which in any way or degree affects interstate or foreign commerce, involves [select one]:
  1. - - sending cash through the mail is a financial transaction. United States v. Hamilton, 931 F.2d 1046, 1051 (5th Cir. 1991)

    - - writing a check to a vendor "involves the use of a financial institution" (i.e., the bank on which the check is drawn). United States v. Jackson, 935 F.2d 832 (7th Cir. 1991)

    - - giving a check in exchange for cash is a financial transaction. United States v. Isabel, 945 F.2d 1193 (1st Cir. 1991)

FN1. Practitioner's Note: Examples of financial transactions that might be given in the instruction include the following:

the movement of funds by wire or other means;

one or more monetary instruments;

or the transfer of title to any real property, vehicle, vessel,or aircraft;[FN1] or
  1. FN1. This provision became effective on October 28, 1992.

    which involves the use of a financial institution which is engaged in, or the activities of which affect, interstate or foreign commerce.

Title 18, U.S.C. § 1956(c)(4)

Granted ____

Denied ____