Maricopa Arizona Jury Instruction - Concealing Proceeds Of Specified Unlawful Activity Or Avoiding Transaction Reporting Requirement
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FAQ
Conducts 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.
Unlawful activity' means that the person knew the property involved in the transaction represented proceeds from some form, though not necessarily which form, of activity that constitutes a felony under State, Federal, or foreign law, regardless of whether or not such activity is specified in paragraph (7). 18 U.S.C.
Specified unlawful activity means any act, including any preparatory or completed offense, committed for financial gain on a continuing basis, that is punishable as an indictable offense under the laws of the state in which it occurred and under the laws of this state.
(a)(1) Whoever, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activity-
More precisely, Section 1956(a)(1)15 outlaws financial transactions involving the proceeds of other certain crimespredicate offenses referred to as "specified unlawful activities" (sometimes known as SUA)committed or attempted (1) with the intent to promote further predicate offenses; (2) with the intent to evade
Criminal Penalties Anyone convicted of money laundering could be sentenced to up to 20 years of incarceration and fines of up to $500,000 or twice the value of the property that was involved in the transaction, whichever amount is greater.
The United States money laundering law has about 230 of these underlying crimes, which it calls Specified Unlawful Activities. The SUAs, as they are commonly known, cover the gamut of criminal activity that is designed to make a profit for the perpetrator or give him an economic advantage.
The process of laundering money typically involves three steps: placement, layering, and integration. Placement surreptitiously injects the dirty money into the legitimate financial system. Layering conceals the source of the money through a series of transactions and bookkeeping tricks.
§ 1956. Section 1956 outlaws four kinds of launderingpromotional, concealment, structuring, and tax evasioncommitted or attempted under one or more of three jurisdictional conditions (i.e., laundering involving certain financial transactions, laundering involving international transfers, and stings).
There is no civil penalty provision. 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.
