Free Proposed Jury Instructions - District Court of Colorado - Colorado

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

Document 1096-27

Filed 03/30/2007

Page 1 of 2

INSTRUCTION NO. G-26 MONEY LAUNDERING CONCEALING ILLEGAL PROCEEDS 18 U.S.C. § 1956(A)(1)(B)(I) Defendant Norman Schmidt is charged in Counts 30 and 31 with money laundering in violation of 18 U.S.C. Section 1956(a)(1)(B)(I), as described in the chart below: Count 30 Date May 15, 2000 Defendant NORMAN SCHMIDT Financial Transaction $2,164,737.03 wire transfer from Reserve Foundation, LLC account at Bank One to Aspen Title Corp. Escrow Account at Wells Fargo Bank $3,500,000 wire transfer from Sun State FX, Inc. account at First Union of Florida to Aspen Title Corp. Escrow Account at Wells Fargo Bank

31

May 16, 2000

NORMAN SCHMIDT

This law makes it a crime knowingly to conceal or disguise the nature, location, source, ownership, or control of proceeds of specified unlawful activity. To find defendant Norman Schmidt 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 conducted a "financial transaction," as defined below; Second: the financial transaction involved the proceeds of mail fraud, wire fraud, or securities fraud; Third: the defendant knew that the property involved in the financial transaction represented the proceeds of some form of unlawful activity, namely mail fraud, wire fraud, or securities fraud, which unlawful activity constitutes a felony under federal law; and Fourth: the defendant conducted the financial transaction knowing that it was designed in whole or in part to conceal or disguise the nature, location, source, ownership, or control of the proceeds of specified unlawful activity.

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

Document 1096-27

Filed 03/30/2007

Page 2 of 2

You are instructed that mail fraud, wire fraud, and securities fraud are felonies under federal law. You are not required to find that the defendant knew that the unlawful activity constituted a felony, only that the defendant knew that the activity was unlawful. The term "conducts" includes initiating, concluding, or participating in initiating, or concluding a transaction. The term "transaction" includes wire transfers. The term "financial transaction" means: (A) a transaction involving the use of a financial institution that is engaged in, or the activities of which affect, interstate commerce in any way or degree; or (B) a transaction that in any way or degree affects interstate commerce, and that involves: (i) the movement of funds by wire or other means; or (ii) one or more monetary instruments; or (iii) the transfer of title to any real property, vehicle, vessel, or aircraft. "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. "Proceeds" can be any kind of property, not just money.

Criminal Pattern Jury Instructions (Tenth Circuit), No. 2.73.1 (2005). 2