CJI2d[NY] Penal Law § 470.20(2)(b)

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

Under our law, a person is guilty of Money Laundering in the First Degree when he or she conducts one or more financial transactions involving property represented to be the proceeds of a class A, B or C felony, [or of a crime in any other jurisdiction that is or would be a class A, B or C felony under the laws of this state], or represented to be property used to conduct or facilitate such crimes:

Select appropriate alternative [1] or [2] or both:

[1] 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 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 one million dollars.

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

Select appropriate alternative:

(Specify) is a [specify: class A, B, or C] felony.

(Specify) is a crime in (specify jurisdiction) that is or would be a class (specify: A, B or C] felony under the laws of this state.

Note: If the felony is a separate count, a cross-reference to that count may be appropriate. Otherwise, as appropriate add a definition of the felony:

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).]

CRIMINAL CONDUCT means conduct which is a crime under the laws of this state [or conduct committed in any other jurisdiction which is or would be a crime under the laws of this state].³

SPECIFIED CRIMINAL CONDUCT⁴ 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).

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.⁵

[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 aggregated, provided that the transactions are all part of a single “criminal transaction.” ⁶

"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.⁷

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.⁸

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:

Select appropriate alternative:

a class (specify: A, B or C] felony,

[or of a crime in (specify jurisdiction) that is or would be a class (specify: A, B or C) felony under the laws of this state];

[or represented to be property used to conduct or facilitate such crimes];

2. That the defendant did so with intent to:

Select appropriate alternative(s)

promote the carrying on of specified criminal conduct; [or]

engage in conduct constituting a felony in violation of the tax law]; [or]

avoid any transaction reporting requirement imposed by law;

[and]

3. That the total represented value of the property involved in such financial transaction or transactions exceeds one million dollars; [and]

Add one or both of the following if applicable:

4. That the defendant was not returning funds held in escrow [and]

5. 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 any one or more of those elements, you must find the defendant not guilty of this crime.