10th Cir. Crim. Pattern Jury Instr. 2.73.2

PURPORTED PROCEEDS OF ILLEGAL ACTIVITY

18 U.S.C. § 1956(a)(3)(B)

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

of 18 U.S.C. section 1956(a)(3)(B).

This law makes it a crime to knowingly use [what is

represented to be the proceeds of specified unlawful activity] [what

is represented to be property used to conduct or facilitate specified

unlawful activity] to conceal or disguise the nature, location,

source, ownership or control of the property believed to be the

proceeds of specified unlawful activity.

T o fi n d t h e d e f e n d a n t g u i l t y o f t h i s c r i m e , y o u m u s t b e

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 property that was

represented by a [law enforcement officer] [person acting at the

direction of, or with the approval of, an agent of the [specify agency

from 18 U.S.C. § 1956(e)]] to be [the proceeds of specified unlawful

activity] [property used to conduct or facilitate specified unlawful

activity];

Third: the financial transaction was believed by the defendant

to be [the proceeds of [specify unlawful activity from

18 U.S.C. § 1956(c)(7)]] [property used to conduct or facilitate

[specify unlawful activity from 18 U.S.C.

§ 1956(c)(7)]]; and

Fourth: the defendant conducted the [financial transaction]

[attempted financial transaction] with the intent to conceal or

disguise the nature, location, source, ownership, or control of

property believed to be the proceeds of [specify unlawful activity

from 18 U.S.C. § 1956(c)(7)].

PATTERN CRIMINAL JURY INSTRUCTIONS

229

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) 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

(B) 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

(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.