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60.2 Money Laundering Concealing Proceeds Of Specified Unlawful Activity Or Avoiding Transaction Reporting Requirement 18 USC § 1956(a)(1 )(B)(i) and (ii) Title 18, United States Code, Section 1956(a)(1 )(B), makes it a Federal crime or offense for anyone to knowingly engage in certain kinds of financial transactions commonly known as money laundering. The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:First: That the Defendant knowingly conducted, or attempted to conduct, a "financial transaction" as hereafter defined;Second: That the Defendant knew that the funds or property involved in the financial transaction represented the proceeds of some form of unlawful activity;Third: That the funds or property involved in the financial transaction did in fact represent the proceeds of " specified unlawful activity" - - in this case the proceeds of [describe the specified unlawful activity alleged in the indictment]; and[Fourth: That the Defendant engaged in the financial transaction knowing that the transaction was designed in whole or in part to conceal or disguise the nature, location, source, ownership or the control of the proceeds of such specified unlawful activity.]or[Fourth: That the Defendant engaged in the financial transaction for the purpose of avoiding a transaction reporting requirement under state or Federal law] The term " conducts" means initiating, concluding, or participating in initiating or concluding a transaction. The term " transaction" means a purchase, sale, loan, pledge, gift, transfer, delivery or other disposition of funds or property; [and, with respect to a financial institution, includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, or use of a safe deposit box.] The term " financial transaction" means - - [a transaction which in any way or degree affects interstate or foreign commerce involving the movement of funds by wire or other means] or [a transaction which in any way or degree affects interstate or foreign commerce involving one or more " monetary instrument s" which includes coin or currency of any country, travelers or personal checks, bank checks or money orders, or investment securities or negotiable instruments in such form that title thereto passes upon delivery] or [a transaction which in any way or degree affects interstate or foreign commerce involving the transfer of title to any real property, vehicle, vessel or aircraft ] or [a transaction involving the use of a "financial institution" which is engaged in, or the activities of which affect, interstate or foreign commerce in any way or degree. The term " financial institution: includes [give appropriate reference from 31 USC § 5312(a)(2) or the regulations thereunder]]. The term " interstate or foreign commerce" includes any commercial activity that involves transportation or communication between places in two or more states or between some place in the United States and some place out side the United States. The term " knowing that the funds or property involved in the financial transaction represented the proceeds of some form of unlawful activity" means that the Defendant knew that such funds or property represented proceeds from some form, though not necessarily which form, of a felony offense under state or Federal law the term " specified unlawful activity" means [describe the specified unlawful activity listed in subsection (c)(7) of the statute and alleged in the indictment]. [The term " transaction reporting requirement" refers to the legal requirement that a domestic financial institution report any transaction involving a payment, receipt or transfer of United States coins or currency in an amount over $10,000. Transactions involving only personal checks, cashier's checks, wire transfers or other monetary instruments need not be reported.] ANNOTATIONS AND COMMENTS 18 USC § 19 56 (a)(1) provides: Whoever, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conduct s or attempts to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activity - -(B) knowing that the transaction is designed in w hole or in part - - (i) to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity ; or (ii) t o avoid a transact ion reporting requirement under State or Federal law [shall be guilt y of an offense against the United States]. Maximum Penalty: Twenty (20) years imprisonment and applicable fine. In United States v. Cancelliere, 69 F.3 d 1116 (11t h Cir. 1 995), t he Court held that although proof of willfulness is not a statutory element of money laundering, where the indictment expressly charged willfulness, the District Court erred in not giving the usual instruction on willfulness (Basic Instruct ion 9 .1 ).