5th Cir. Pattern Jury Instr. (Criminal) 2.76A

UNLAWFUL ACTIVITY

18 U.S.C. §§ 1956(a)(1)(A)(i), 1956(a)(1)(B)(i)

Title 18, United States Code, Section 1956(a)(1), makes it a crime for anyone to conduct

[attempt to conduct] a financial transaction with the proceeds of specified unlawful activity,

knowing that the property involved represents the proceeds of some form of illegal activity with

the intent to promote the carrying on of specified unlawful activity [knowing that the transaction

is designed to conceal or disguise the nature, location, source, ownership, or control of the proceeds

of specified unlawful activity].

For you 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: That the defendant knowingly conducted [attempted to conduct] a financial

transaction;

Second: That the financial transaction [attempted financial transaction] involved the

proceeds of a specified unlawful activity, namely _______________ ( describe the specified

unlawful activity);

Third: That the defendant knew that the property involved in the financial transaction

represented the proceeds of some form of unlawful activity; and

Fourth: That the defendant intended to promote the carrying on of the specified unlawful

activity.

[Fourth: That the defendant knew that the transaction was designed in whole or in part to

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

specified unlawful activity.]

With respect to the second element, the government must show that, in fact, the property

was the proceeds of ______________ ( describe specific unlawful activity ), which is a specified

unlawful activity under the statute.

With respect to the third element, the government must prove that the defendant knew that

the property involved in the transaction were the proceeds of some kind of crime that is a felony

under federal, state, or foreign law; although, it is not necessary to show that the defendant knew

exactly what crime generated the funds.

I instruct you that __________ (insert underlying felony) is a felony.

357

The term “transaction” includes a purchase, sale, loan, pledge, gift, transfer, delivery or

other disposition [with respect to a financial institution, 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] [any other payment, transfer, or delivery by,

through, or to a financial institution, by whatever means effected].

The term “financial transaction” includes any “transaction,” as that term has just been

defined, [choose the first or second option below:

1. which in any way or degree affects interstate or foreign commerce, involving the

movement of funds by wire or other means, one or more monetary instruments, or the transfer of

title to any real property, vehicle, vessel, or aircraft; or

2. which involves the use of a financial institution that is engaged in, or the activities

of which affect, interstate or foreign commerce in any way or degree.]

[If necessary, include the definition of “monetary instruments,” 18 U.S.C. § 1956(c)(5), or

“financial institution,” 18 U.S.C. § 1956(c)(6).]

It is not necessary for the government to show that the defendant actually intended or

anticipated an effect on interstate commerce by his [her] actions or that commerce was actually

affected. All that is necessary is that the natural and probable consequence of the acts the defendant

took would be to affect interstate commerce. If you decide that there would be any effect at all on

interstate commerce, then that is enough to satisfy this element. The effect can be minimal.

The term “conduct” includes initiating or concluding, or participating in initiating or

concluding, a transaction.

The term “proceeds” means any property derived from or obtained or retained, directly or

indirectly, through some form of unlawful activity, including the gross receipts of such activity.