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

REPRESENTED TO BE PROCEEDS OF UNLAWFUL ACTIVITY

18 U.S.C. §§ 1956(a)(3)(A), 1956(a)(3)(B)

Title 18, United States Code, Section 1956(a)(3), makes it a crime for anyone to conduct

[attempt to conduct] a financial transaction involving property represented to be the proceeds of

specified unlawful activity to promote the carrying on of specified unlawful activity [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 property

represented to be the proceeds of a specified unlawful activity, namely _______________

(describe the specified unlawful activity); and

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

activity.

[Third: That the defendant intended to conceal or disguise the nature, location, source,

ownership, or the control of property believed to be the proceeds of a specified unlawful activity.]

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.]

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

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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 “represented” means any representation made by a law enforcement officer or by

another person at the direction of, or with the approval of, a federal official authorized to

investigate or prosecute violations of this section. The evidence need not show that the property

involved was expressly described as being the proceeds of specified unlawful activity at or before

each transaction. It is sufficient if the government proves that the officers made enough

representations to cause a reasonable perso n to understand that the property involved in the

transaction[s] was the proceeds of __________________ ( describe specified unlawful activity ),

which is the specified unlawful activity named in the indictment.

The term “proceeds” includes any property, or any interest in property, that one would

acquire or retain as a result of the commission of the underlying specified unlawful activity.

Proceeds can be any kind of property, not just money.