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2158. Jury Instruction—Elements of 18 U.S.C. § 1956(a)(3)(B)

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.

SECOND, the financial transaction or attempted financial transaction must involve property represented[FN2] by a law enforcement officer to be the proceeds of specified unlawful activity, or property used to conduct or facilitate specified unlawful activity;

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 conceal or disguise the nature, location, source, ownership, or control or property believed to be the proceeds of specified unlawful activity.[FN3]

FN3. 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)(3)(B)

Granted ____

Denied ____

Updated December 18, 2015