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  • 2.73.1 MONEY LAUNDERING CONCEALING ILLEGAL PROCEEDS / 18 U.S.C. Sec....

2.73.1 MONEY LAUNDERING CONCEALING ILLEGAL PROCEEDS / 18 U.S.C. Sec. 1956(a)(1)(B)(i)

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Federal - Jury Instructions - 10th Circuit - Criminal
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US-JURY-10THCIR-2-73-1
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https://www.ca10.uscourts.gov/sites/default/files/clerk/Jury%20Instructions%20Update%202018.pdf

2.73.1 Money Laundering Concealing Illegal Proceeds / 18 U.S.C. Sec. 1956(a)(1)(B)(i) is a federal law that criminalizes the act of concealing criminal proceeds. It is a form of money laundering, which is defined as the process of disguising the origins of illegally obtained money by making it appear to have come from a legitimate source. This law applies to individuals and organizations who knowingly engage in a financial transaction with the proceeds of certain specified unlawful activities, such as drug trafficking, racketeering, terrorism, and other serious crimes. There are three different types of money laundering activities identified in this law: 1) Transaction laundering, which involves disguising the source of the funds through a series of financial transactions; 2) Structuring, which involves breaking up large deposits into smaller amounts to avoid detection; and 3) Layering, which involves transferring the funds between different accounts and entities to disguise the source of the funds. Under this law, individuals and organizations can face criminal penalties, including fines and imprisonment, for violating these provisions.

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FAQ

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.

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.

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.

?Concealment? money laundering ? in which the alleged financial transactions involving criminally derived funds were performed for the purpose of concealing the source, nature, ownership, or location of the funds.

§ 1956. Section 1956 outlaws four kinds of laundering?promotional, concealment, structuring, and tax evasion?committed or attempted under one or more of three jurisdictional conditions (i.e., laundering involving certain financial transactions, laundering involving international transfers, and stings).

§1956. Laundering of monetary instruments. (ii) to avoid a transaction reporting requirement under State or Federal law, shall be sentenced to a fine of not more than $500,000 or twice the value of the property involved in the transaction, whichever is greater, or imprisonment for not more than twenty years, or both.

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.

See §§ 1956(c)(7)(A), 1957(f)(3), and 1961(1)(B) ("Specified unlawful activity" is defined as any act or activity constituting an offense listed in section 1961(1), which includes both mail and wire fraud statutes.).

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