THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
Go to Shellow
Collection Table of Contents
Money Laundering (18 USC 1956)
1. Money Laundering:
Elements In Cases Involving Drug Money
2. Money Laundering
Statute: Definition, General Considerations
3. "Proceeds Of A
Specified Unlawful Activity" Defined
4. "Financial
Transaction" Defined
5. Jury May Consider
Whether Tax Reporting Regulations Were Clear Enough To Person Of Ordinary
Intelligence
6. Jury Permitted To
Consider Complexity Of Statute
7. Jury May Consider
Defendant’s Facility With English Language And Understanding Of Tax Reporting
Regulations
8. Person Cannot Have
"Design To Avoid" Transaction Reporting Requirement Unless Specific
Law Requires That Such Transactions Be Reported
9. Currency Circulation
Among States Does Not Establish That Every Transaction Involving Currency
Affects Interstate Commerce
10. Transaction Reporting
Requirements Are Imposed Only On Persons Who Receive Currency, Not Upon Those
Who Pay The Money
11. Cash Transactions Reports:
Effective Date
12. Depositors Not Required To File
Report
13. Good Faith Reliance On Accountant’s
Advice
14. Defendant Not Guilty If Belief
Was That Money Came From Legitimate Sources
15. Money Laundering Act: Evasion Of
Federal Income Taxes Not A Specified Unlawful Activity
16. Government Must Prove Money
Involved Was Not From Lawful Source
17. Defendant Must Have Actual
Knowledge That Funds Were Proceeds From Unlawful Activity
18. Prosecution Must Prove That Funds
Were From Specified And Identifiable Sale Of Controlled Substance
19. Financial Transaction Must Affect
Interstate Or Foreign Commerce
20. Automobile Dealer Not Required To
Inquire How Customers Obtained Money To Make Purchase
21. Presumption That Financial
Transactions Involve Lawful Income
22. Failure To Prove Third Party’s
Drug Sales In Separate Trial
23. Sale Of Item Must Be A Specified
Unlawful Activity
24. Spending Of Money, Even Drug
Proceeds, Not Illegal
25. Jury May Consider Whether
Conspicuous Use Of Property Shows Lack Of Purpose To Conceal
26. Jury Should Consider All Aspects
Of The Transaction And The Relationship Between Buyer And Seller
27. Prosecution Must Prove That
Source Of Funds Was Drug Conspiracy That Defendant Was Member Of
28. Prosecution Must Prove That Third
Party Was Not Source Of Funds
29. Prosecution Must Prove Third
Party’s Funds Came From Drug Sales
30. Prosecution Must Prove That
Deposits Made To Checking Account Were Proceeds From Drug Sales
31. Not Illegal To Purchase
Automobile And Title It In Another’s Name
32. Money Laundering: Aiding and
Abetting To Avoid Transaction Reporting Requirements
33. Government Must Prove That Money
Was Derived From Sales Of Controlled Substance Or Other Illegal Activity
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
1. Money Laundering: Elements In Cases Involving Drug Money
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
To support a conviction on Count(s) ______, the government must prove each of the following elements beyond a reasonable doubt:
1.That the defendant took part in a financial transaction involving the proceeds of specified unlawful activity, here dealing __________ (controlled substance);
2.That the defendant knew that the property involved was the proceeds of that specified unlawful activity, here dealing __________ (controlled substance); and
3.That the defendant knew that the transaction was designed, in whole or in part, to conceal or disguise the nature, location, source, ownership or control of the proceeds.
If you find from all the evidence that the government has proven each of these elements beyond a reasonable doubt, you should find the defendant guilty. If, on the other hand, you find that the government has failed to prove one or more of these elements beyond a reasonable doubt, you must find the defendant not guilty.
AUTHORITIES:
United States v. Antzoulatos, 962 F.2d 720, 724, 726 (7th Cir.), cert. denied, 113 S.Ct. 331 (1992); United States v. Jackson, 935 F.2d 832, 838-39 (7th Cir. 1991); 18 U.S.C. §1956(a)(1)(B)(I).
SAMPLE INSTRUCTION # 2:
To support a conviction on Count ____, the government must prove each of the following elements beyond a reasonable doubt:
1. That the defendant engaged in a monetary transaction of more than $10,000 worth of property;
2. That the property was derived from specified unlawful activity, here dealing __________ (controlled substance); and
3. That the defendant knew that the property involved was the proceeds of that specified unlawful activity, here dealing __________ (controlled substance).
If you find from all the evidence that the government has proven each of these elements beyond a reasonable doubt, you should find the defendant guilty. If, on the other hand, you find that the government has failed to prove one or more of these elements beyond a reasonable doubt, you must find the defendant not guilty.
AUTHORITIES:
United States v. Antzoulatos, 962 F.2d 720, 724, 726 (7th Cir.), cert. denied, 113 S.Ct. 331 (1992); United States v. Jackson, 935 F.2d 832, 838-39 (7th Cir. 1991); 18 U.S.C. §1957(a).
SAMPLE INSTRUCTION # 3:
In order for the government to convict __________ (name of defendant) on Count _____, it is necessary that it prove each of the following beyond a reasonable doubt:
1. That __________ (defendant’s company) received $_______ in cash from __________ (name of third party) as a reimbursement of the purchase price __________ (defendant’s company) paid for the __________ (item purchased, e.g., vehicle);
2. That the $________ was obtained by __________ (name of third party) from the sale of __________ (controlled substance);
3. That __________ (name of defendant) knew that __________ (name of third party) had received the $________ from the sale of __________ (controlled substance);
4. That the purchase of the __________ (item purchased, e.g., vehicle) was designed by __________ (name of third party) to conceal the fact that the $________ was proceeds from the sale of __________ (controlled substance) or to avoid __________ (name of third party) obligation to file a Currency Transaction Report; and
5. That __________ (name of defendant) knew that this was __________’s (name of third party) design.
SAMPLE INSTRUCTION # 4:
In order for the government to convict __________ (name of defendant) on Count _____ it is necessary that it prove each of the following beyond a reasonable doubt:
1. That __________ (name of defendant or company) received the $_________ in cash which (he/she/it) deposited on ________ (date) from __________ (name of third party);
2. That the $________ was obtained by __________ (name of third party) from the sale of __________ (controlled substance);
3. That __________ (name of defendant) knew that __________ (name of third party) had received the $________ from the sale of __________ (controlled substance); and
4. That the purchase of the _________ (item, e.g. Mercedes) was designed by __________ (name of defendant) to conceal the fact that the $________ was proceeds from the sale of __________ (controlled substance) or to avoid __________ (name of third party) filing a Currency Transaction Report.
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
2. Money Laundering Statute: Definition, General Considerations
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
In 1986 Congress enacted a law which made money laundering a crime. The conduct is called "money laundering" because its purpose is to convert or substitute "clean assets" for "dirty" ones. In this sense the money is laundered.
Let me try to clarify what I mean. If a person has an illegal source of income, such as from robbing banks or selling drugs, he may be worried that, if he starts spending a lot of money, or putting a lot of money in a bank account, government agencies like the Internal Revenue Service will start to investigate where he got this money and may during such an investigation learn of his illegal activities. In this situation the bank robber or drug dealer may want to devise a scheme so that the money appears to have a lawful source. If he can set up financial transactions such that the source of his illegal income is concealed, those transactions constitute "money laundering."
Further, Congress also enacted a law which requires that anyone who receives more than $10,000 in cash must fill out a Currency Transaction Report and file this report with the Internal Revenue Service. If someone designs a scheme to give persons more than $10,000 in cash without those persons filing transaction reports, that is also "money laundering."
Now the government has a theory in this case. The government's theory appears in the indictment. The grand jury which returned this indictment heard from several witnesses. It did not hear from __________ (name of defendant) and (his/her) lawyer was not in the grand jury room and could not cross-examine these witnesses, so the grand jurors heard only the government's side of the case. That is why the indictment is not evidence against __________ (name of defendant).
The government's theory is that __________ (name of third party source of money) had illegal income from the sale of __________ (controlled substance) and that (he/she) wished to launder this money by purchasing __________ (items to be purchased e.g., automobiles) from __________ (name of defendant). The government's theory is that (name of third party source of gave __________ (name of defendant) cash and then __________ (name of defendant) purchased the __________ (items to be purchased) for (name of third party source of using __________’s (name of defendant) checks to pay the sellers. In order for the government to prove this theory, it must prove the following beyond a reasonable doubt:
[Insert actions proving crime].
__________ (name of defendant) does not have the burden of disproving any of these propositions. The burden is on the government to prove all of them and, if it has not proven one or more of them, __________ (name of defendant) must be found not guilty.
Although __________ (name of defendant) also has a theory, you must remember that he has no burden to prove any part of (his/her) theory. If the evidence you heard in support of __________’s (name of defendant) theory creates in your mind a reasonable doubt that the government has failed to prove one or more of its propositions, then you must find __________ (name of defendant) not guilty. It is __________’s (name of defendant) theory that:
[Insert defense theory].
You must always remember that __________ (name of defendant) has no burden to prove any of the foregoing propositions.
[You may wonder why __________ (name of defendant) did not call __________ (name of third party source of money) as a witness. A person can refuse to testify as a witness if he or she believes that such testimony would be incriminating. However, if a witness refuses to testify and the government wants the testimony of that witness, the government can ask this Court to grant the witness immunity and can thereby compel the witness to testify. Only the government can ask for immunity for a witness; Congress did not give the defendant the right to ask a Court to grant immunity for a witness.]
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
3. "Proceeds Of A Specified Unlawful Activity" Defined
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
The phrase "proceeds of a specified unlawful activity" refers to identifiable proceeds from a specified transaction.
SAMPLE INSTRUCTION # 2:
Proceeds from the sale of __________ (controlled substance) refers to the money received from the sale and not to what was purchased with such money.
SAMPLE INSTRUCTION # 3:
When a drug dealer sells drugs, the money which (he/she) receives for the drugs constitutes the proceeds of that specified unlawful activity. When the drug dealer then spends these proceeds, what is purchased with that money is also a proceed of the drug dealing, but only if it can be shown that the money was not mingled or mixed with other funds which the drug dealer had obtained from some other source.
SAMPLE INSTRUCTION # 4:
For purposes of Count(s) ____, the term "proceeds" means only money or other property obtained directly from the sale of __________ (controlled substance). It does not include money or other property that has been exchanged for money or property that in turn came from selling __________ (controlled substance). Only the actual money or property received in payment for __________ (controlled substance) is included in "proceeds," in other words.
AUTHORITIES:
Compare 18 USC 981 and 1957 and 21 USC 853 (statutory language expressly extends scope of each of these statutes to property "derived from" and/or "traceable to" proceeds of criminal activity, whereas §1956 contains no reference to property derived from or traceable to the proceeds of criminal activity); see Strafer, Money Laundering: The Crime of the 90's, 27 Am. Crim. L. Rev. 149, 182-185 (1989).
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
4. "Financial Transaction" Defined
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
For purposes of Count(s) _______, the term "financial transaction" means a transaction which in any way or degree affects interstate commerce, and which involves currency, checks, or money orders or involves the transfer of title to any real estate or vehicle.
AUTHORITIES:
18 USC 1956(c)(4).
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
5. Jury May Consider Whether Tax Reporting Regulations Were Clear Enough To Person Of Ordinary Intelligence
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
In considering whether __________ (name of defendant) had the design to avoid the reporting of cash transactions to the Internal Revenue Service you may consider whether the tax regulations which defined the circumstances under which reporting was required were sufficiently clear so that a person of ordinary intelligence could determine their meaning.
AUTHORITIES:
United States v. Garber, 607 F.2d 92, 98-100 (5th Cir. 1979) (en banc); United States v. Critzer, 498 F.2d 1160, 1162 (4th Cir. 1974).
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
6. Jury Permitted To Consider Complexity Of Statute
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
In considering the charges in this case and whether __________ (name of defendant) had the intent to violate the money laundering statute, you may consider the complexity of the statute and the regulations which implement it and the extent to which the government placed __________ (merchants, e.g, automobile dealers) on notice that Currency Transaction Reports were required for cash transactions over $10,000.
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
7. Jury May Consider Defendant’s Facility With English Language And Understanding Of Tax Reporting Regulations
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
(name of defendant) had the intent to violate the money laundering statute you may take into account (his/her) apparent facility with the English language and weigh whether or not (he/she) could understand the treasury regulations which were in force at that time with respect to filing requirements.In considering whether __________
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
8. Person Cannot Have "Design To Avoid" Transaction Reporting Requirement Unless Specific Law Requires That Such Transactions Be Reported
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
The phrase "designed to avoid" transaction reporting requirements means the same as "with the specific intent" to avoid those requirements. A defendant cannot be convicted of a money laundering offense unless the government has proven this intent beyond a reasonable doubt.
A person cannot have the design to avoid a transaction reporting requirement unless a specific law requires that such transactions be reported. That is, one who conducts a transaction with the design to avoid a reporting requirement which the law does not place upon (him/her) has not violated this provision of the money laundering statute.
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
9. Currency Circulation Among States Does Not Establish That Every Transaction Involving Currency Affects Interstate Commerce
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
The mere fact that currency may circulate among the various states does not establish that every transaction involving currency affects interstate commerce.
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
10. Transaction Reporting Requirements Are Imposed Only On Persons Who Receive Currency, Not Upon Those Who Pay The Money
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Transaction reporting requirements are imposed only on persons who receive more than $10,000 in currency, not upon those who pay the money.
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
11. Cash Transactions Reports: Effective Date
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Prior to July 6, 1990, the treasury regulations did not clearly specify under what circumstances a bank had to accumulate related cash transactions and file a transaction report on the accumulated amount.
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
12. Depositors Not Required To File Report
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
A person who deposits his own funds into a bank is not required to file a Currency Transaction Report even though (he/she) deposits more than $10,000 in currency.
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
13. Good Faith Reliance On Accountant’s Advice
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
A citizen who discloses all of the facts to an accountant and who receives advice from the accountant concerning whether forms must be filed is entitled to rely in good faith on such advice and cannot be convicted for following that advice.
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
14. Defendant Not Guilty If Belief Was That Money Came From Legitimate Sources
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
If __________ (name of defendant) believed that the money used by __________ (name of third party) to purchase __________ (item(s) purchased e.g., cars) was either from the sale of __________ (item(s) sold e.g., jewelry) or from his income from __________ (source e.g., an interest in a tavern), then __________ (name of defendant) is not guilty of a money laundering offense even though some or all of __________’s (name of third party) money actually came from the sale of __________ (controlled substance).
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
15. Money Laundering Act: Evasion Of Federal Income Taxes Not A Specified Unlawful Activity
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
The evasion of federal income taxes is not a specified unlawful activity in the context of the money laundering act.
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
16. Government Must Prove Money Involved Was Not From Lawful Source
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
Where the evidence has shown that a financial transaction was conducted by a person who had both a lawful source of income and income from the sale of __________ (controlled substance), the government is not entitled to a conviction for money laundering unless it has proven beyond a reasonable doubt that the money involved was not from the lawful source.
SAMPLE INSTRUCTION # 2:
In order for the government to prove that money used by a drug dealer to make a purchase had that specified unlawful activity as its source, the government must prove beyond a reasonable doubt that the drug dealer did not have other sources of income which could have generated the money.
SAMPLE INSTRUCTION # 3:
It cannot be inferred from the mere fact that a person has been proven to be a drug dealer that the source of the funds used by the dealer to make purchases was the proceeds of that specified unlawful activity.
SAMPLE INSTRUCTION # 4:
In considering Count(s ) _____, you are instructed that the term "involves the proceeds of specified unlawful activity" requires the government to prove that a substantial measure of the money at issue in fact was the proceeds of drug dealing, although the government need not prove that all of the money was such proceeds.
AUTHORITIES:
United States v. Jackson, 983 F.2d 757, 765 (7th Cir. 1993); United States v. Jackson, 935 F.2d 832, 840 (7th Cir. 1991); United States v. $448,342.85, 969 F.2d 474, 476 (7th Cir. 1992).
SAMPLE INSTRUCTION # 5:
For purposes of Count(s) _______, while the government is not required to trace proceeds to a particular sale of drugs, it is required to prove beyond a reasonable doubt that the proceeds used in the transactions at issue in fact were from drug dealing in substantial measure.
AUTHORITIES:
United States v. Jackson, 983 F.2d 757, 766 (7th Cir. 1993); United States v. Blackman, 904 F.2d 1250, 1257 (8th Cir. 1990).
SAMPLE INSTRUCTION # 6:
In order to convict __________ (name of defendant) of money laundering, the prosecution must prove beyond a reasonable doubt that the __________ (type of transaction e.g., down payment made on a vehicle) was made with the proceeds of (his/her) drug sales and not from receipts from (his/her) __________ (legitimate business).
SAMPLE INSTRUCTION #76:
In order to convict __________ (name of defendant) of Count(s) _____, it is necessary that the prosecution prove beyond a reasonable doubt that the __________ (type of transaction e.g., down payment made on a vehicle, money (he/she) deposited in (his/her) mother's checking account) were the proceeds from drug sales and not funds generated from __________ (legitimate business). If after hearing the evidence you have a reasonable doubt as to the source of these funds, then, as a matter of law, you must acquit __________ (name of defendant) of these charges.
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
17. Defendant Must Have Actual Knowledge That Funds Were Proceeds From Unlawful Activity
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
The government has not proven a violation of the money laundering statute if it has merely proven that a defendant should have known that funds were the proceeds of a specified unlawful activity. It must prove that the defendant either had actual knowledge of this fact or that he conducted (his/her) affairs deliberately and intentionally to avoid such knowledge.
SAMPLE INSTRUCTION # 2:
It is not enough for conviction of money laundering as charged in Count(s) _________ 5 that the defendant should have known that the proceeds used in the transaction were from drug dealing; (he/she) must in fact have known that the proceeds were from specified unlawful activity, in this case drug dealing.
AUTHORITIES:
United States v. Jackson, 983 F.2d 757, 766 (7th Cir. 1993); United States v. Antzoulatos, 962 F.2d 720, 724-25 & 725 n.3 (7th Cir.), cert. denied, 113 S.Ct. 331 (1992).
SAMPLE INSTRUCTION # 2:
In order to secure a conviction of __________ (name of defendant) on Count ____ it is necessary that the government prove beyond a reasonable doubt that (he/she) knew that any funds (he/she) agreed to receive from __________ (name of third party) were the proceeds from __________’s (name of third party) sale of __________ (controlled substance).
SAMPLE INSTRUCTION # 3:
Evidence that __________ (name of third party) was in the business of selling __________ (controlled substance) cannot be considered as proof against __________ (name of defendant) unless the government has proven beyond a reasonable doubt that __________ (name of defendant) knew that __________ (name of third party) was in this business, that the moneys involved in these charges were proceeds of __________ (controlled substance) transactions, and that __________ (name of defendant) knew that as well.
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
18. Prosecution Must Prove That Funds Were From Specified And Identifiable Sale Of Controlled Substance
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
When the government claims that funds were the proceeds of a specified unlawful activity, such as the sale of __________ (controlled substance), it must prove beyond a reasonable doubt that the funds were from a specified and identifiable sale of __________ (controlled substance). It has not proven that such funds were proceeds of a specified unlawful activity if all it has proven is that the person was generally engaged in the business of selling __________ (controlled substance).
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
19. Financial Transaction Must Affect Interstate Or Foreign Commerce
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
A financial transaction cannot be the basis of a conviction for money laundering unless it affects interstate or foreign commerce.
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
20. Automobile Dealer Not Required To Inquire How Customers Obtained Money To Make Purchase
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
The law does not require that [a] [an] ________ (type of business e.g., automobile dealer) inquire of its customers how they obtained the money which they use to buy its cars.
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
21. Presumption That Financial Transactions Involve Lawful Income
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
When a person has both a lawful and an unlawful source of income, it is presumed that any financial transaction which (he/she) conducts involves the lawfully acquired funds until it has been proven that those funds have been fully expended.
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
22. Failure To Prove Third Party’s Drug Sales In Separate Trial
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
In considering the evidence in this case, you may consider as a fact that in a different trial the government attempted, but was unable, to prove that __________ (name of third party source of money) conspired to sell __________ (controlled substance) from __________ (date) to __________ (date).
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
23. Sale Of Item Must Be A Specified Unlawful Activity
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
The sale of _________ (item e.g., stolen clothing), while it may be against the law, is not the specified unlawful activity charged in this indictment.
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
24. Spending Of Money, Even Drug Proceeds, Not Illegal
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
The money laundering laws of this country do not make it illegal to spend money, or even for a drug dealer to spend drug money. If you find that the government has proved nothing more than that, you must find __________ (name of defendant) not guilty of Count(s) ______.
AUTHORITIES:
United States v. Jackson, 935 F.2d 832, 841-42 (7th Cir. 1991); United States v. Sanders, 929 F.2d 1466, 1471-72 (10th Cir.), cert. denied, 112 S.Ct. 143 (1991).
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
25. Jury May Consider Whether Conspicuous Use Of Property Shows Lack Of Purpose To Conceal
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
In deciding whether the defendant had the purpose of concealing the source, ownership, location or control of drug proceeds, you may consider that personal purchase of a building or truck and conspicuous use of that property tends to show a lack of such purpose to conceal.
AUTHORITIES:
United States v. Sanders, 929 F.2d 1466, 1471-72 (10th Cir.), cert. denied, 112 S.Ct. 143 (1991).
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
26. Jury Should Consider All Aspects Of The Transaction And The Relationship Between Buyer And Seller
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
In deciding whether the government has proved beyond a reasonable doubt that the defendant had the purpose of concealing the source, ownership, location or control of drug proceeds, you should consider all aspects of the transaction and the relationship between buyer and seller, including whether the buyer and seller were linked to one another before the transaction, whether the transaction was conducted at arm's length in a commercially ordinary manner, whether the defendant personally participated in the transaction so that he could be seen and identified, and whether the defendant openly used the property purchased.
AUTHORITIES:
United States v. Antzoulatos, 962 F.2d 720, 727 (7th Cir.), cert. denied, 113 S.Ct. 331 (1992), citing with approval, United States v. Campbell, 777 F. Supp. 1259, 1268 (W.D.N.C. 1991), rev'd, 977 F.2d 854 (4th Cir. 1992); United States v. Sanders, 929 F.2d 1466, 1471-72 (10th Cir.), cert. denied, 112 S.Ct. 143 (1991).
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
27. Prosecution Must Prove That Source Of Funds Was Drug Conspiracy That Defendant Was Member Of
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
__________ (name of defendant) can only be found guilty of laundering money if the prosecution has proven beyond a reasonable doubt that the money which (he/she) spent was derived from (his/er) sales of __________ (controlled substance) or the sales of __________ (controlled substance) by other members of a conspiracy of which (he/she) was proven to be a member beyond a reasonable doubt.
__________ (name of defendant) does not have the burden of proving that the money he spent was a gift from __________ (name of third party). The prosecution has the burden of proving that gifts from __________ (name of third party) were not the source of these funds.
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
28. Prosecution Must Prove That Third Party Was Not Source Of Funds
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
__________ (name of defendant) is not charged with concealing, spending, wiring or laundering money that (he/she) received from __________ (name of third party).
__________ (name of defendant) does not have the burden to prove that funds (he/she) wired and spent were a gift from __________ (name of third party). The government has the burden of proving that __________ (name of third party) was not the source of these funds.
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
29. Prosecution Must Prove Third Party’s Funds Came From Drug Sales
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
If the government relies upon the theory that __________ (name of defendant) laundered drug money because (he/she) concealed money that (he/she) received from __________ (name of third party), and that __________’s (name of third party) source for these funds was (his/her) own drug transactions, then before __________ (name of defendant) can be convicted of money laundering, the government must prove beyond a reasonable doubt that __________’s (name of third party) funds came from drug sales and not from (his/her) __________ (other source of funds, e.g., operation of an after-hours club).
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
30. Prosecution Must Prove That Deposits Made To Checking Account Were Proceeds From Drug Sales
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
In order to convict __________ (name of defendant) of money laundering, the prosecution must prove beyond a reasonable doubt that the deposits he made to __________’s (person) checking account were proceeds of (his/her) drug sales and not from receipts from (his/her) __________ (legitimate business) or funds given (him/her) by __________ (name of third party).
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
31. Not Illegal To Purchase Automobile And Title It In Another’s Name
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
There is nothing illegal about buying a car and placing that car in someone else's name.
AUTHORITIES:
United States v. Antzoulatos, 962 F.2d 720, 727 n.4 (7th Cir. 1992); United States v. Kaufman, 985 F.2d 884, 894 (7th Cir. 1993).
SAMPLE INSTRUCTION # 2:
In considering Count ____, you are instructed that, there is certainly nothing illegal about buying a car and placing that car in someone else's name, although any such evidence may be considered along with all other evidence.
AUTHORITIES:
United States v. Antzoulatos, 962 F.2d 720, 727 n.4 (7th Cir.), cert. denied, 113 S.Ct. 331 (1992).
SAMPLE INSTRUCTION # 3:
It is neither a violation of federal law, nor a violation of any law of the State of _________, for the purchaser of an automobile from a dealer to have the vehicle titled in the name of someone other than the purchaser.
AUTHORITIES:
Wis. Stat. §344.16(1)(a); Wis. Adm. Code Trans. §§138.01 et seq.; 139.01 et seq.
SAMPLE INSTRUCTION # 4:
It is perfectly lawful in __________ (applicable state) for an automobile dealer to purchase a car and not to title the car in its name. Under __________ (applicable state) law, a dealer is not required to transfer the title of a car until (he/she) has sold it.
SAMPLE INSTRUCTION # 5:
It is perfectly lawful in __________ (applicable state) for the purchaser of a car to have the vehicle titled in the name of someone other than the purchaser.
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
32. Money Laundering: Aiding and Abetting To Avoid Transaction Reporting Requirements
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
__________ (name of defendant) is not charged with (his/her) failure to file Currency Transaction Reports. (He/she) is charged with aiding and abetting __________ (name of third party) in conducting a transaction which was designed to avoid transaction reporting requirements imposed on vehicle dealerships.
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
33. Government Must Prove That Money Was Derived From Sales Of Controlled Substance Or Other Illegal Activity
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
In order for the government to convict __________ (name of defendant) on Count(s) _____ it is necessary that it prove beyond a reasonable doubt that the money paid for the purchase of each of the __________ (items, e.g., automobiles) was obtained by __________ (name of third party) from the sale of __________ (controlled substance).
RELATED NCJIC MATERIALS:
See NCJIC 94.1.1 [Money Laundering: Cross References And Research Notes].
See NCJIC 94.1.2 [Federal Circuit Model Instructions And Notes].
See NCJIC 257.3.1.9 [Entrapment: Defense Improperly Excluded In Money Laundering Case].
See NCJIC 257.11.8 [Venue: Money Laundering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(A): Conducting A Financial Transaction Involving The Proceeds Of Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(1)(B): Money Laundering To Conceal Origin Of Property Or To Avoid Reporting Requirements.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(A): Money Laundering -- Movement Of Monetary Instruments And Funds To Promote Specified Unlawful Activity.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(2)(B): Transporting Monetary Instruments For The Purpose Of Laundering.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(a)(3): Money Laundering "Sting" Operations.
See NCJIC Federal Model Instructions by Offense: 18 USC 1956(h): Money Laundering Conspiracy.