2116. Jury Instruction -- Elements Of 18 U.S.C. § 1956(a)(1)(B)(i)

There are four elements to Count __ of this indictment which the government must prove:

FIRST, the defendant must knowingly conduct or attempt to conduct a financial transaction;

SECOND, the defendant must know that the property involved in the financial transaction represents the proceeds of some form of unlawful activity;

THIRD, the property involved in the financial transaction must, in fact, involve the proceeds of specified unlawful activity; and

FOURTH, the defendant must engage in the financial transaction knowing that the transaction is designed, in whole or in part, to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity.[FN1]
  1. FN1. Practitioner's Note: In light of United States v. Sanders, 929 F.2d 1466 (10th Cir. 1991), select carefully among the terms nature, location, source, ownership, or the control of the proceeds of specified unlawful activity, and select one [or two] as a theory of proof. See also United States v. Jackson, 935 F.2d 832 (7th Cir. 1991).
Title 18, U.S.C. § 1956(a)(1)(B)(i)

Granted ______

Denied ______

Updated September 19, 2018