Conn. Crim. Jury Instr. 10.4-2

The defendant is charged [in count__] with money laundering in the second degree. The statute

defining this offense reads in pertinent part as follows:

a person commits the crime of money laundering in the second degree when (he/she)

(exchanges / receives in exchange), in one or more transactions, one or more

monetary instruments derived from criminal conduct constituting a felony and of a

total value exceeding ten thousand dollars, for one or more other monetary

instruments [or equivalent property,] with the intent <insert as appropriate:>

• to conceal that the exchanged monetary instrument or instruments (or equivalent

property) is derived from any criminal activity.

• that the exchange aid a person to commit criminal conduct.

• that the exchange aid a person to profit from criminal conduct.

• that the exchange benefit from criminal conduct.

For you to find the defendant guilty of this charge, the state must prove the following elements

beyond a reasonable doubt:

Element 1 - Exchange of monetary instrument

The first element is that the defendant (exchanged / received in exchange) a monetary instrument

with a value exceeding ten thousand dollars for one or more other monetary instruments [or

equivalent property].

“Monetary instrument” means coin or currency of the United States or of any other country,

travelers’ checks, personal checks, bank checks, money orders, negotiable investment securities

or negotiable instruments in bearer form or otherwise in such form that title thereto passes upon

delivery.

“Equivalent property” means property that may be readily converted into, or exchanged for,

United States or foreign currency or coin, including gold, silver or platinum bullion or coins,

diamonds, emeralds, rubies, sapphires or other precious stones, stamps, airline tickets, virtual

currency

1 or virtual currency wallets2 or the contents thereof, or any other property that is

intended to be so converted or exchanged.

“Exchange,” in addition to its ordinary meaning, means purchase, sale, loan, pledge, gift,

transfer, delivery, deposit, withdrawal or extension of credit.

For purposes of determining whether the state has proved the value of the (monetary instruments

/ goods / services / property)3, value shall be ascertained as follows: “Value” here means the

market value of the goods, services, or property at the time and place of the crime. “Market

value” means the price that would, in all probability, result from fair negotiations between

willing buyers and sellers at the time and place of the crime; the probability being based upon the

evidence in the case.

If you can determine the price the property sold for at the time of the crime, then that is the

controlling value. If the market value cannot be determined, then you should consider the

replacement cost of the goods or services within a reasonable time after the crime.

Monetary instruments, except those having a readily ascertainable market value such as some

public and corporate bonds and securities, shall be evaluated as follows: The value of an

instrument constituting evidence of debt, such as a check, draft or promissory note, shall be

deemed the amount due or collectible thereon, such figure ordinarily being the face amount of

the indebtedness less any portion thereof which has been satisfied. The value of any other

instrument which creates, releases, discharges or otherwise affects any valuable legal right,

privilege or obligation shall be deemed the greatest amount of economic loss which the owner of

the instrument might reasonably suffer by virtue of the loss of the instrument. When the value of

property or services cannot be satisfactorily ascertained pursuant to these standards, its value

shall be deemed to be an amount less than fifty dollars.

Element 2 - Derived from felonious conduct

The second element is that the defendant knew that at least one of the monetary instrument(s)

(exchanged / received) was derived from criminal conduct constituting a felony.

4 “Felony”

means a criminal offense committed in this state or another jurisdiction punishable by death or a

term of imprisonment exceeding one year. A person acts “knowingly” with respect to conduct or

circumstances when (he/she) is aware that (his/her) conduct is of such nature or that such

circumstances exist. <See Knowledge, Instruction 2.3-3.>

Element 3 - Intent

The third element is that the defendant (exchanged / received) the monetary instrument(s) with

the intent <insert as appropriate:>

• to conceal that the exchanged monetary instrument or instruments (or equivalent

property) is derived from any criminal activity.

• that the exchange aid a person to commit criminal conduct.

• that the exchange aid a person to profit from criminal conduct.

• that the exchange benefit from criminal conduct.

A person acts “intentionally” with respect to a result when (his/her) conscious objective is to

cause such result. <See Intent: Specific, Instruction 2.3-1.>

<See instructions on the alleged felonious criminal conduct.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant (exchanged /

received in exchange) a monetary instrument with a value exceeding ten thousand dollars for one

or more monetary instruments [or equivalent property], 2) (he/she) knew that at least one of the

monetary instruments (exchanged / received in exchange) by the defendant derived from

criminal conduct constituting a felony, and 3) the defendant intended <insert specific

allegations>.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements

of the crime of money laundering in the second degree, then you shall find the defendant guilty.

On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable

doubt any of the elements, you shall then find the defendant not guilty.

1 See General Statutes § 36a-596 (25) for the applicable definition of “virtual currency.” General

Statutes § 53a-275 (5).

2 See General Statutes § 36a-596 (29) for the applicable definition of “virtual currency wallet.”

General Statutes § 53a-275 (6).

3 The value of money or credit is equal to its face value, and no special instruction directing the

jury on how to determine the value is necessary. The instruction on determining the value is

derived from General Statutes § 53a-121.

4 See Introduction to Money Laundering for statutory presumptions pertaining to knowledge of

the derivation of the instruments from criminal activity.