2139. Jury Instruction -- Elements Of 18 U.S.C. § 1956(a)(2)(B)(ii) (Sting)

There are three elements to Count ___ of this indictment which the government must prove:

FIRST, the defendant must knowingly[FN1] transport, transmit, or transfer,[FN2] or attempt to transport, transmit, or transfer [a] monetary instrument[s] or funds

1. FN1. Practitioner's Note: See footnote on previous page regarding proof of knowledge for purposes of the sting provision. See also the knowledge sting instruction found in the general instructions section.

   FN2. Practitioner's Note: The terms "transmits" and "transfers" were added in 1988; see text within § 1956 chapter for explanation of issues that may arise because of that addition. See also United States v. Monroe, 943 F.2d 1007 (9th Cir. 1991)("transportation" included wire transfers of funds even before 1988 amendment).

SECOND, from a place in the United States to or through a place outside the United States or to a place in the United States from or through a place outside the United States;

THIRD, the defendant must know[FN3] that the monetary instrument[s] or funds involved in the transportation, transmission, or transfer, or attempted transportation, transmission, or transfer, represent the proceeds of some form of unlawful activity;

1. FN3. Practitioner's Note: See footnote on previous page regarding proof of knowledge for purposes of the sting provision. See also the knowledge sting instruction found in the general instructions section.

FOURTH, the defendant must know[FN4] that the transportation, transmission, or transfer or attempted transportation, transmission, or transfer, is designed, in whole or in part, to avoid a transaction reporting requirement under state, federal or foreign law.

1. FN4. Practitioner's Note: See footnote on previous page regarding proof of knowledge for purposes of the sting provision. See also the knowledge sting instruction found in the general instructions section.

Title 18, U.S.C. § 1956(a)(2)(B)(ii)

Granted ____

Denied ____