26.9 MONEY LAUNDERING

To prove the crime of Money Laundering, the State must prove the following five elements beyond a reasonable doubt:

1. (Defendant) [conducted] [attempted to conduct] a financial transaction.

2. The money or property involved in the financial transaction represented the proceeds of (name of the specified unlawful activity in § 895.02(8)(a)1.–50. alleged).

3. (Defendant) knew the money or property involved in the financial transaction represented the proceeds of some form of unlawful activity.

Give 4a and/or 4b as applicable.

4. a. (Defendant) did so with the intent to promote the carrying on of (name of the specified unlawful activity in § 895.02(8)(a)1.–50. alleged).

b. (Defendant) knew that the transaction was designed in whole or in part

i. to [conceal] [disguise] the [nature] [location] [source] [ownership] [control] of the proceeds of (name of the specified unlawful activity in § 895.02(8)(a)1.–50. alleged);

[or]

ii. to avoid a [transaction reporting requirement] [money transmitters’ registration requirement] under state law.

5. The money or property involved in the financial transaction exceeded $300 in any 12-month period.

To prove the crime of Money Laundering, the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) [transported] [attempted to transport] [a monetary instrument] [funds].

Give 2a and/or 2b as applicable.

2. a. (Defendant) did so with the intent to promote the carrying on of (name of the specified unlawful activity in § 895.02(8)(a)1.–50. alleged);

[or]

b. (Defendant) knew that the [monetary instrument] [funds] involved in the transportation represented the proceeds of some form of unlawful activity and also knew that such transportation was designed in whole or in part

i. [to conceal] [to disguise] the [nature] [location] [source] [ownership] [control] of the proceeds of (name of the specified unlawful activity in § 895.02(8)(a)1.–50. alleged);

[or]

ii. to avoid a [transaction reporting requirement] [money transmitters’ registration requirement] under state law.

3. The money or property involved in the financial transaction exceeded $300 in any 12-month period.

To prove the crime of Money Laundering, the State must prove the following four elements beyond a reasonable doubt:

1. (Defendant) [conducted] [attempted to conduct] a financial transaction.

2. The financial transaction involved [property] [proceeds] which [an investigative or law enforcement officer] [someone acting under an investigative or law enforcement officer’s direction] represented as being [derived from] [used to conduct or facilitate] (name of the specified unlawful activity in § 895.02(8)(a)1.–50. alleged).

3. (Defendant) did so with the intent to

Give 3a and/or 3b and/or 3c as applicable.

a. promote the carrying on of (name of the specified unlawful activity in § 895.02(8)(a)1.–50. alleged);

[or]

b. [conceal] [disguise] the [nature] [location] [source] [ownership] [control] of the [proceeds] [property believed to be the proceeds] of (name of the specified unlawful activity in § 895.02(8)(a)1.–50. alleged);

[or]

c. avoid a transaction reporting requirement under state law.

4. The money or property involved in the financial transaction exceeded $300 in any 12-month period.

§ 896.101(5), Fla. Stat. Give as applicable

If you find the defendant guilty of Money Laundering, you must also determine if the State has proven beyond a reasonable doubt whether:

a. the financial transaction involved more than $300 but less than $20,000 during any 12-month period.

b. the financial transaction involved $20,000 or more but less than $100,000 during any 12-month period.

c. the financial transaction involved $100,000 or more during any 12-month period.