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2138. Jury Instruction -- 18 U.S.C. 1956(a)(2)(B)(ii) (Sting)

Count ____ of the indictment charges the defendant with violation of Title 18, U.S.C., § 1956(a)(2)(B)(ii). This statute provides in pertinent part:
  1. (a)(2) Whoever transports, transmits, or transfers,[FN1] or attempts to transport, transmit, or transfer a monetary instrument or funds from a place in the United States to or through a place outside the United States or to a place in the United States from or through a place outside the United States --

    (B) knowing[FN2] that the monetary instrument or funds involved in the transportation represent the proceeds of some form of unlawful activity and knowing that such transportation is designed in whole or in part --

    (ii) to avoid a transaction reporting requirement under state or federal law is guilty of an offense against the United States.

    FN1. Practitioner's Note: The terms "transmits" and "transfers" were added in 1988; see text within § 1956 chapter for explanation of issues that may arise because of that addition. See also United States v. Monroe, 943 F.2d 1007 (9th Cir. 1991)("transportation" included wire transfers of funds even before amendment).

    FN2. Practitioner's Note: In 1990 Congress added "sting" language to §  1956 (a)(2)(B). Under the terms of the sting provisions it makes no difference whether the property being transported, transmitted or transferred is derived from criminal activity or not. It could be legitimately earned income or government money. Where the money comes from does not matter. It is only required that a law enforcement officer represented the money as derived from a form of unlawful activity. What matters is that the defendants' subsequent statements or actions indicated that the defendant believed such representations to be true.

Title 18, U.S.C. § 1956(a)(2)(B)(ii)

Granted ____

Denied ____

Updated December 18, 2015