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CRM 2000 - 2500

2142. Jury Instruction -- Transports, Transmits Or Transfers -- 18 U.S.C. 1956(a)(2)

The term transports, transmits, or transfers[FN1] includes all means of carrying, sending, mailing, shipping or moving funds. Thus, it includes the electronic transfer of funds by wire or other means as well as other non-physical means of transferring funds. It also includes physical means of transferring funds such as carrying money across the border.

FN1. See 134 Cong. Rec. S17367 (daily ed. Nov. 10, 1988) (a "Section-by-Section Analysis" of the Anti-Drug Abuse Act of 1988 prepared by Senator Biden in his capacity as Chairman of the Senate Judiciary Committee states that section 6471(b) of the Act, which added the words "transmits" and "transfers" to section 1956(a)(2), was intended to "clarify that the term 'transports' in the money laundering statute was intended [to] include electronic and other forms of movement of funds other than physical transportation"). See also United States v. Monroe, 943 F.2d 1007 (9th Cir. 1991) ("transportation" included wire transfers of funds even before 1988 amendment).

Title 18, U.S.C. § 1956(a)(2)

Granted ____

Denied ____