8.38 Receiving, Concealing, Buying or Selling Smuggled Merchandise (18 U.S.C. Sec. 545).

Name: 8.38 Receiving, Concealing, Buying or Selling Smuggled Merchandise (18 U.S.C. Sec. 545).
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Federal - Jury Instructions - 9th Circuit - Criminal

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US-JURY-9THCIR-8-38-CR

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 8.38 Receiving, Concealing, Buying or Selling Smuggled Merchandise (18 U.S.C. Sec. 545) is a federal statute that prohibits individuals from receiving, concealing, buying, or selling any goods that are smuggled into the United States. It applies to any goods that are brought into the United States without the payment of duties, taxes, or other fees as required by law. Under this statute, there are three different types of prohibited activities: receiving, concealing, and buying or selling smuggled merchandise. Receiving involves knowingly receiving any smuggled goods that have been brought into the United States. Concealing involves knowingly hiding any smuggled goods to prevent their detection. Buying or selling involves knowingly buying or selling any goods that have been smuggled into the United States. This law applies to any person who is knowingly involved in the receiving, concealing, buying, or selling of smuggled merchandise. It is a federal crime that is punishable by fines, imprisonment, or both.

8.38 Receiving, Concealing, Buying or Selling Smuggled Merchandise (18 U.S.C. Sec. 545) is a federal statute that prohibits individuals from receiving, concealing, buying, or selling any goods that are smuggled into the United States. It applies to any goods that are brought into the United States without the payment of duties, taxes, or other fees as required by law. Under this statute, there are three different types of prohibited activities: receiving, concealing, and buying or selling smuggled merchandise. Receiving involves knowingly receiving any smuggled goods that have been brought into the United States. Concealing involves knowingly hiding any smuggled goods to prevent their detection. Buying or selling involves knowingly buying or selling any goods that have been smuggled into the United States. This law applies to any person who is knowingly involved in the receiving, concealing, buying, or selling of smuggled merchandise. It is a federal crime that is punishable by fines, imprisonment, or both.

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(18 U.S.C. § 545) Mere preparation is not a substantial step toward committing the crime. To constitute a substantial step, a defendant's act or actions must unequivocally demonstrate that the crime will take place unless interrupted by independent circumstances.

Title 18 of the United States Code, Section 545 also contains a forfeiture provision. It provides that any goods which were brought into the United States in violation of the anti-smuggling statute and are subsequently seized by federal law enforcement will be forfeited to the United States.

The judge instructs the jury about the relevant laws that should guide its deliberations. (In some jurisdictions, the court may instruct the jury at any time after the close of evidence. This sometimes occurs before closing arguments.) The judge reads the instructions to the jury.

Smuggling is the illegal transporting of goods. These goods can be legal, such as alcohol and tobacco, or illegal, such as drugs and arms. Illegal trafficking of immigrants is also a form of smuggling.

Any person owning in whole or in part any vessel of the United States who employs, or participates in, or allows the employment of, such vessel for the purpose of smuggling, or attempting to smuggle, or assisting in smuggling, any merchandise into the territory of any foreign government in violation of the laws there

(18 U.S.C. § 2(b)) A defendant may be found guilty of the crime(s) charged even if the defendant did not personally commit the act(s) constituting the crime if the defendant willfully caused an act to be done that if directly performed by him would be an offense against the United States.

(18 U.S.C. § 1519) The government need not prove that the defendant's sole or even primary intention was to obstruct justice so long as the government proves beyond a reasonable doubt that one of the defendant's intentions was to obstruct justice. The defendant's intention to obstruct justice must be substantial.

A smuggling goods conviction in federal court carries sever potential criminal consequences. The maximum penalty for smuggling goods under Section 545 is 20 years in federal prison plus fines and fees.

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3d 1212, 1214-15 (9th Cir. 2002) (court properly instructed jury that marijuana constitutes "merchandise" for purposes of 18 U.S.C. § 545). File:.37 (Importing Merchandise Illegally) and 8. Note under section 1401 of Title 19, Customs Duties. Title 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 27 - CUSTOMS Sec. Federal criminal defense lawyers explain the crime of smuggling goods under 18 U.S.C. § 545, a violation of United States customs laws to impose duties. Section 545 - Smuggling goods into the United States. 8.38. Receiving, Concealing, Buying or Selling Smuggled. Merchandise (18 U.S.C. § 545). 8.31. 8.39. Entry of goods falsely classified.

8.38 Receiving, Concealing, Buying or Selling Smuggled Merchandise (18 U.S.C. Sec. 545).

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