Arkansas Jury Instruction - Concealing Proceeds Of Specified Unlawful Activity Or Avoiding Transaction Reporting Requirement
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Specified unlawful activities include over 250 crimes in six categories: (1) most RICO predicate offenses; (2) certain offenses against foreign nations; (3) acts constituting a criminal enterprise under the Controlled Substances Act; (4) miscellaneous offenses against persons and property; (5) federal health care ...
Prosecutions under 18 U.S.C. § 1957 arise when the defendant knowingly conducts a monetary transaction in criminally derived property in an amount greater than $10,000, which is in fact proceeds of a specified unlawful activity.
Jury Instruction -- 18 U.S.C. 1956(a)(1)(B)(i) (i) to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity is guilty of an offense against the United States.
Section 1956 violations are punishable by imprisonment for not more than 20 years. Section 1957 carries a maximum penalty of imprisonment for 10 years. Property involved in either case is subject to confiscation. Misconduct that implicates either offense may implicate other federal criminal statutes as well.
Violations of § 1956 have a maximum potential twenty year prison sentence and a $500,000 fine or twice the amount involved in the transaction, whichever is greater. The general sentencing provisions in 18 U.S.C.
Illegal Activity means activities which are identified as illegal under Applicable Law, including but not limited to serious abuses of human rights, violation of international humanitarian law, conflict finance, money launder, tax evasion, bribery etc.
The most significant difference from § 1956 prosecutions is the intent requirement. Under § 1957, the four intents have been replaced with a $10,000 threshold amount for each non-aggregated transaction and the requirement that a financial institution be involved in the transaction.
California Penal Code [CPC] §451 ? Arson ? Penal Code Section 451 makes it illegal to burn property willfully and maliciously or to aid someone else in burning property. Even the slightest singeing is sufficient for arson.
Money laundering statutes apply to transactions occurring after the completion of the underlying criminal offense. The same transaction cannot be both a money laundering offense and the underlying specified unlawful activity (SUA) that generated the funds being laundered.