Free Proposed Jury Instructions - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB-MEH

Document 1097-10

Filed 03/30/2007

Page 1 of 2

INSTRUCTION NO. SMITH 27 ENGAGING IN TRANSACTIONS IN PROPERTY DERIVED FROM SPECIFIED UNLAWFUL ACTIVITY U.S.C. § 1957 Defendant Norman Schmidt is charged in Counts 34, 36-45, and 47 with money laundering; defendant George Alan Weed is charged in Counts 43 and 46 with money laundering; defendant Charles Lewis is charged in Counts 37 and 41 with money laundering; defendant Michael Smith is charged in Counts 36 and 40 with money laundering, and defendant George Beros is charged in Counts 44 and 45 with money laundering, all in violation of 18 U.S.C. Section 1957. This law makes it a crime knowingly to engage in a monetary transaction in criminally derived property of a value greater than $10,000 and which is derived from specified unlawful activity. To find the defendant whose case you are considering guilty of this crime, you must be convinced that the government has proved each of the following beyond a reasonable doubt: First: the defendant knowingly engaged or knowingly attempted to engage; Second: in a monetary transaction; Third: in criminally derived property; Fourth: knowing that the property is derived from unlawful activity, namely mail fraud, wire fraud, or securities fraud; and Fifth: the property is, in fact, derived from specified unlawful activity, namely mail fraud, wire fraud, or securities fraud. The term "criminally derived property" means any property constituting, or derived from, proceeds obtained from a criminal offense. "Proceeds" can be any kind of property, not just money. You are not required to find that the defendant whose case you are considering knew that the unlawful activity was "specified unlawful activity," only that the defendant knew that the activity was unlawful.

Case 1:04-cr-00103-REB-MEH

Document 1097-10

Filed 03/30/2007

Page 2 of 2

The term "conducts" includes initiating, concluding, or participating in initiating, or concluding a transaction. The term "monetary transaction" means the deposit, withdrawal, transfer, or exchange, in or affecting interstate or foreign commerce as defined in instruction number 26, or funds or a monetary instrument, by, through, or to a financial institution. "Interstate commerce" means commerce or travel between the states, territories or possessions of the United States, including the District of Columbia. It is not necessary that the defendant have intended or anticipated an effect on interstate commerce. All that is necessary is that the natural and probable consequence of the acts the defendant took would be to affect interstate commerce.

United States v. Dazey, 403 F.3d 1147, 1163 (10th Cir. 2005); 18 U.S.C. § 1957. 2