10th Cir. Crim. Pattern Jury Instr. 2.73.1

PROCEEDS 18 U.S.C. § 1956(a)(1)(B)(i)

The defendant is charged in count ————— with a violation

of 18 U.S.C. section 1956(a)(1)(B)(i).

This law makes it a crime knowingly to conceal or disguise the

nature, location, source, ownership, or control of proceeds of

specified unlawful activity.

To find the defendant guilty of this crime, you must be

convinced that the government has proved each of the following

beyond a reasonable doubt:

First: the defendant [conducted] [attempted to conduct] a

financial transaction;

Second: the financial transaction involved the proceeds of

[specify unlawful activity from 18 U.S.C. § 1956(c)(7)];

Third: the defendant knew that the property involved in the

[financial transaction] [attempted financial transaction]

represented the proceeds of some form of unlawful activity; and

Fourth : the defendant [conducted] [attempted to

conduct] the financial transaction knowing that it was designed in

whole or in part to conceal or disguise the nature, location,

source, ownership, or control of the proceeds of unlawful

activity.

The term “conducts” includes initiating, concluding, or

participating in initiating or concluding, a transaction.

The term “financial transaction” means [select from the

following as appropriate]:

a transaction involving the use of a financial institution that is

engaged in, or the activities of which affect, interstate commerce

in any way or degree; or

(A) a transaction that in any way or degree affects interstate

commerce, and that involves:

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

or

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(ii) one or more monetary instruments; or

(iii) the transfer of title to any real property, vehicle,

vessel, or aircraft.

The term “proceeds” means any property derived from or

obtained or retained, directly or indirectly, through specified

unlawful activity, including the gross receipts of such activity.

“Interstate commerce” means commerce or travel between the

states, territories or possessions of the United States, including

the District of Columbia. It is not necessary that the defendant

have intended or anticipated an effect on interstate commerce. All

that is necessary is that the natural and probable consequence of

the acts the defendant took would be to affect interstate commerce.