There are three elements to Count __ of the indictment which the government must prove:FIRST, the defendant must knowingly[FN1] conduct or attempt to conduct a financial transaction;
- FN1. Practitioner's Note: The defendant's knowledge may be established by proof that a law enforcement officer represented the matter specified as true and that the defendant's subsequent statements or actions indicate that the defendant believed such representations to be true.
- FN2. Practitioner's Note: The term "represented" means any representation made by a law enforcement officer or another person at the direction of, or with the approval of, a federal official authorized to investigate or prosecute violations of 18 U.S.C. § 1956.
THIRD, the defendant must engage in the financial transaction with the intent to avoid a transaction reporting requirement under state or federal law.Title 18, U.S.C. § 1956 (a)(3)(C)