2122. Jury Instruction -- Avoiding A Reporting Requirement (CMIR) -- 18 U.S.C. 1956(a)(1)(B)(ii)

The defendant has been charged with violating 18 U.S.C. § 1956 (a)(1)(B)(ii) which requires knowledge that the transaction or attempted transaction was designed in whole or in part to avoid a transaction reporting requirement under [state] or [federal] law. In this case, defendant is charged with engaging in a transaction knowing that such transaction was designed in whole or in part to avoid the CMIR reporting requirement of federal law.

You are instructed that Title 31, U.S.C. § 5316, and its implementing regulations, provide in pertinent part that each person who physically transports, mails, or ships, causes to be physically transported, mailed, or shipped, or attempts to cause to be physically transported, mailed, or shipped, currency [or other reportable monetary instruments (describe)][FN1] in an aggregate amount exceeding $10,000 at one time[FN2] from the United States to any place outside the United States, or into the United States from a place outside the United States, shall make a report thereof.

Knowledge of the defendant's purpose to avoid the CMIR reporting requirement may be established by proof that the defendant: actually knew that the transaction was designed in whole or in part to avoid the CMIR reporting requirement; knew because of circumstantial evidence that the transaction was designed in whole or in part to avoid the CMIR reporting requirement; or, knew because he was willfully blind (or purposefully ignorant) to the fact that the transaction was designed in whole or in part to avoid the CMIR reporting requirement. For example, a person who intentionally subdivides a lump sum of money into smaller amounts under the $10,000 reporting requirement for no legitimate business reason, could be said to have known that this was done for the purpose of avoiding the reporting requirement.

In this case, it is the government's theory that the defendant engaged in the financial transaction: (specify financial transactions alleged in the indictment) knowing that they were designed in whole or in part to avoid the CMIR reporting requirement because: (state theory under which knowledge will be proven).

OPTIONAL WHEN APPROPRIATE:

A person is deemed to have caused such transportation, mailing, or shipping when he aids, abets, counsels, commands, procures, or requests it to be done by a financial institution or any other person.

Title 18, U.S.C. § 1956(a)(1)(B)(ii)

Title 31, U.S.C. § 5316

Title 31, C.F.R. § 103.23

Granted ____

Denied ____