CJI2d[NY] Penal Law §§ 470.05(3), 470.10(3)(b), 470.15(3)(b)

The (specify) count is Money Laundering in the (specify) Degree.

Under our law, a person is guilty of Money Laundering in the (specify) Degree when he or she conducts one or more financial transactions involving property represented to be the proceeds of specified criminal conduct, or represented to be property used to conduct or facilitate specified criminal conduct, with intent to

Select appropriate alternative(s):

promote the carrying on of specified criminal conduct; or

conceal or disguise the nature, the location, the source, the ownership, or the control of property believed to be the proceeds of specified criminal conduct; or

avoid any transaction reporting requirement imposed by law;

and the total value of the property involved in such financial transaction or transactions exceeds (specify) thousand dollars.

The following terms used in that definition have a special meaning:

CONDUCTS includes initiating, concluding, or participating in initiating or concluding a transaction.¹

TRANSACTION

[Select appropriate alternative(s)]

includes a payment, purchase, sale, loan, pledge, gift, transfer, or delivery,

[and] with respect to a financial institution includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, use of a safe deposit box, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected, [except that "transaction" shall not include payments to attorneys for legal services]. ²

[Note: If the definition of “transaction” that is charged to jury includes a reference to “financial institution,” it may be appropriate to add here the applicable portion of the definition of a “financial institution,” set forth in Penal Law § 470.00(6).]

Financial transaction means a transaction involving:

Select appropriate alternative(s):

(a) the movement of funds by wire or other means; or

(b) one or more monetary instruments; or

(c) the transfer of title to any real property, vehicle, vessel, or aircraft; or

(d) the use of a financial institution.³

[Note: If (b) [“one or more monetary instruments] is read to the jury, it may be appropriate here to add the applicable portion of the definition of “monetary instrument” in Penal Law § 470.00(1).

If (d) [the use of a financial institution] is read to the jury and “financial institution” has not been defined, it may be appropriate to add here the applicable portion of the definition of a “financial institution,” set forth in Penal Law § 470.00(6).]

Financial transactions may be considered together and the value of the property involved may be aggregated⁴, provided that the transactions are all part of a single “criminal transaction.” ⁵

"Criminal transaction" means conduct which establishes at least one offense, and which is comprised of two or more or a group of acts either:

so closely related and connected in point of time and circumstance of commission as to constitute a single criminal incident, or

so closely related in criminal purpose or objective as to constitute elements or integral parts of a single criminal venture.⁶

SPECIFIED CRIMINAL CONDUCT⁷ means criminal conduct committed in this state constituting a crime.

[(or) conduct committed in any other jurisdiction which if committed in this state, is or would be a crime.]

Select appropriate alternative:

(Specify) is a crime.

Note: If the crime is charged in a separate count, a cross-reference to that count should suffice. Otherwise, add a definition of the crime:

(Specify) is a crime in (specify jurisdiction) that is or would be a crime under the laws of this state and is defined as follows (specify).

REPRESENTED means any representation made by a law enforcement officer, or by another person at the direction of, or with the approval of, such law enforcement officer.⁸ "LAW ENFORCEMENT OFFICER" means any public servant, federal or state, who is authorized to conduct an investigation, prosecute or make an arrest for a criminal offense.⁹

Note: If applicable, add:

It is not unlawful to return funds held in escrow: Select appropriate alternative(s):

as a portion of a purchase price for real property pursuant to a contract of sale; or

to satisfy the tax or other lawful obligations arising out of an administrative or judicial proceeding concerning the person who provided the escrow funds.

In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case, beyond a reasonable doubt, each of the following elements:

(1) That on or about (date) in the County of (County), the defendant, (defendant’s name), conducted one or more financial transactions involving property represented to be the proceeds of specified criminal conduct, or represented to be property used to conduct or facilitate specified criminal conduct, with intent to

Select appropriate alternative(s):

promote the carrying on of specified criminal conduct; or

conceal or disguise the nature, the location, the source, the ownership, or the control of property believed to be the proceeds of specified criminal conduct; or

avoid any transaction reporting requirement imposed by law; [and]

(2) That the total value of the property involved in such financial transaction or transactions exceeds (specify) thousand dollars [and]

Add if applicable:

(3) That the defendant was not returning funds held in escrow [and]

(4) That the transaction(s) (was/were) not payments to attorneys for legal services.

If you find the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of this crime.

If you find the People have not proven beyond a reasonable doubt (either one or both / any one or more) of those elements, you must find the defendant not guilty of this crime.