7^th CIRCUIT FEDERAL INSTRUCTIONS 1999
Go to Federal Model Instructions Table of Contents - Go to 7th Circuit Table of Contents

Title 31 Offenses (31 USC 5324) 

        01    Structuring Financial Transactions--Elements (31 USC 5324)
        02    Filing Of Report (31 USC 5324)
        03    Definition Of "Currency Transaction" (31 USC 5324)
        04    Definition Of "Structure" (31 USC 5324)

7th CIRCUIT FEDERAL INSTRUCTIONS 1999

FORECITE National™ Materials Related To This Instruction:

See FORECITE National™ Federal Models By Offense: Money Laundering Illegal Structuring (31 USC 5322, 31 USC 5324)

In cases arising from acts predating the September 1994 amendments to 31 USC 5324, the instruction should read as follows:

To sustain the charge of unlawfully structuring a financial transaction as alleged in Count __, the government must prove the following propositions:

First, that the defendant had knowledge of [a financial institution's duty to report currency transactions in excess of $10,000] [the currency transaction reporting requirements];

Second, with such knowledge, the defendant willfully structured or attempted to structure the transaction for the purpose of evading the currency transaction reporting requirements; and

Third, that the transaction involved one or more domestic financial institutions.

If you find from your consideration of all the evidence that each of these propositions has been proved beyond a reasonable doubt, then you should find the defendant guilty.

If, on the other hand, you find from your consideration of all the evidence that any of these propositions has not been proved beyond a reasonable doubt, then you should find the defendant not guilty.

As used in these instructions, the term "willfully" means the voluntary and intentional violation of a known legal duty, that is, with a purpose to evade a known federal currency transaction reporting requirement. An act is done willfully if it is done voluntarily and intentionally, as distinguished from negligently, accidentally, or inadvertently.

7th CIRCUIT FEDERAL INSTRUCTIONS 1999

FORECITE National™ Materials Related To This Instruction:

See FORECITE National™ Federal Models By Offense: Money Laundering Illegal Structuring (31 USC 5322, 31 USC 5324)

7th CIRCUIT FEDERAL INSTRUCTIONS 1999

FORECITE National™ Materials Related To This Instruction:

See FORECITE National™ Federal Models By Offense: Money Laundering Illegal Structuring (31 USC 5322, 31 USC 5324)

7th CIRCUIT FEDERAL INSTRUCTIONS 1999

FORECITE National™ Materials Related To This Instruction:

See FORECITE National™ Federal Models By Offense: Money Laundering Illegal Structuring (31 USC 5322, 31 USC 5324)

As used in these instructions, the term "structure" refers to the manner in which a transaction was carried out.

Structuring occurs when a person [acting alone or with or on behalf of others] conducts or attempts to conduct one or more currency transactions at one or more financial institutions [or different branches of the same financial institution], on one or more days, with the purpose of evading currency transaction reporting requirements in any manner. Structuring includes breaking down a single sum of currency over $10,000 into smaller sums, or conducting a series of cash transactions all at or below $10,000, with the purpose of evading currency transaction reporting requirements.

This is a representative instruction using the most common example. If it does not fit the particular case, a more applicable example may need to be devised.