Hawaii Jury Instruction - Concealing Proceeds Of Specified Unlawful Activity Or Avoiding Transaction Reporting Requirement
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FAQ
The key elements of money laundering involve the acquisition of funds through criminal activities and the subsequent manipulation and integration of these illegally obtained assets into the legitimate financial system, often achieved through a complex process of placement, layering, and integration.
Under Section 3 of the Act, the term ?proceeds of an unlawful activity? is defined as ?any property derived or obtained, whether directly or indirectly, by any person as a result of any unlawful activity?.
In order to prove that someone is part of a money laundering conspiracy, the government must show that there was an agreement to launder money and that the person knew about the agreement and wanted to join in it.
Anyone who conducts any financial transaction involving money from a specified unlawful activity (which includes gambling) with the intent to promote that activity or hide the true nature of the transaction is guilty of Money Laundering.
(1) an actual or attempted financial transaction (2) involving the proceeds of specified unlawful activity; (3) knowledge that the transaction involves the proceeds of some unlawful activity; and (4) either (a) an intent to promote the carrying on of specified unlawful activity, or (b) knowledge that the transaction is ...
Specific Unlawful Activity Most common are crimes involving drug trafficking, fraud, bribery, sex trafficking, smuggling, or racketeering. Viewing the statute itself, it is so broad and encompassing that near every type of crime could technically fall under its legal umbrella.
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 ...