Wis JI-Criminal 1526

Statutory Definition of the Crime

Money laundering, as defined by § 943.895(2)(a)4 of the Criminal Code of Wisconsin,

is committed by one who knowingly conducts a transaction designed in whole or in part to

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

obtained through unlawful activity] [avoid a transaction reporting requirement under

federal law], and the person knows the proceeds are derived from unlawful activity.

State’s Burden of Proof

Before you may find the defendant guilty of this offense, the State must prove by

evidence which satisfies you beyond a reasonable doubt that the following four elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant knowingly conducted a transaction1 involving proceeds.

“Proceeds” means property or anything of value acquired or derived directly

or indirectly from, produced through, realized through, or caused by an act or

omission.2

2. The proceeds were derived from unlawful activity.3

ADD THE FOLLOWING IF THE ALLEGED UNLAWFUL

ACTIVITY INVOLVES A COMMISSION OF A CRIME AND THE

UNIFORM INSTRUCTION FOR THAT UNLAWFUL ACTIVITY

EXISTS.

[The State alleges that the proceeds were derived from the unlawful activity of

(insert unlawful activity). The State must prove by evidence which satisfies you

beyond a reasonable doubt that the proceeds were derived from (insert unlawful

activity).

(Insert unlawful activity) is committed by one who

LIST THE ELEMENTS OF THE UNLAWFUL ACTIVITY AS

IDENTIFIED IN THE UNIFORM INSTRUCTION. ADD

DEFINITIONS FROM THE UNIFORM INSTRUCTION AS

NECESSARY.]4

3. The defendant knew that the proceeds were derived from unlawful activity.

Knowledge that the proceeds were derived from unlawful activity does not

require knowledge of the specific nature of the unlawful activity involved.5

4. The transaction made by the defendant was designed in whole or in part to

[(conceal) (disguise) the nature, location, source, ownership, or control of the

proceeds obtained through unlawful activity.] [avoid a transaction reporting

requirement under federal law.]

Deciding About Purpose and Knowledge

You cannot look into a person’s mind to find knowledge. Knowledge must be found,

if found at all, from the defendant’s acts, words, and statements, if any, and from all the

facts and circumstances in this case bearing upon knowledge.

Jury’s Decision

If you are satisfied beyond a reasonable doubt that all four elements of this offense

have been proved, you should find the defendant guilty.

If you are not so satisfied, you must find the defendant not guilty.

IF FELONY MONEY LAUNDERING IS CHARGED, A JURY

DETERMINATION OF VALUE MUST BE MADE. ADD THE FOLLOWING

IF THE EVIDENCE WOULD SUPPORT A FINDING THAT THE VALUE

WAS MORE THAN THE AMOUNT STATED IN THE QUESTION.6

[Determining Value]

[If you find the defendant guilty, you must answer the following question:

(“Was the value of the proceeds involved in the transaction more $100,000?”

Answer: “yes” or “no.”)

(“Was the value of the proceeds involved in the transaction more than $10,000?”

Answer “yes” or “no.”)

(“Was the value of the proceeds involved in the transaction more than $5,000?”

Answer “yes” or “no.”)

(“Was the value of the proceeds involved in the transaction more than $2,500?”

Answer “yes” or “no.”)

Before you may answer “yes,” you must be satisfied beyond a reasonable doubt that

the value of the proceeds was more than the amount stated in the question.

If you are not so satisfied, you must answer the question “no.”]

ADD THE FOLLOWING FOR FELONY CASES INVOLVING MORE THAN

ONE VIOLATION “PURSUANT TO A SINGLE INTENT AND DESIGN,” AS

PROVIDED IN § 943.895(2)(c).7

[In determining the value of the total proceeds involved in the transaction, you may

consider all violations that you are satisfied beyond a reasonable doubt were committed by

the defendant pursuant to a single intent and design.]