Massachusetts Jury Instruction - Concealing Proceeds Of Specified Unlawful Activity Or Avoiding Transaction Reporting Requirement
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Hear this out loud Pause(18 U.S.C. § 2(a)) The evidence must show beyond a reasonable doubt that the defendant acted with the knowledge and intention of helping that person commit [specify crime charged].
Types of circumstantial evidence that may be used in a money laundering case include accomplice evidence, which involves testimony from the person who caused the "creation" of the criminal proceeds, whether by drug sales, fraud, or other form of criminal activity; admissions by a defendant during a police interview; ...
Hear this out loud Pauseconducts or attempts to conduct a financial transaction involving property represented to be the proceeds of specified unlawful activity, or property used to conduct or facilitate specified unlawful activity, shall be fined under this title or imprisoned for not more than 20 years, or both.
Hear this out loud PauseThe judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
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.
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 ...
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.
Hear this out loud PauseSection 1956(a) defines three types of criminal conduct: domestic money laundering transactions (§ 1956(a)(1)); international money laundering transactions (§ 1956(a)(2)); and undercover "sting" money laundering transactions (§ 1956(a)(3)). See this Manual at 2182. To be criminally culpable under 18 U.S.C.