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Criminal Jury Instructions

Criminal Jury Instructions Home

10.4-3  Money Laundering in the Third Degree -- § 53a-278

Revised to December 1, 2007

The defendant is charged [in count __] with money laundering in the third degree.  The statute defining this offense reads in pertinent part as follows:

a person commits the crime of money laundering in the third degree when (he/she) (exchanges / receives in exchange), in one or more transactions, one or more monetary instruments derived from criminal conduct constituting a felony and of a total value exceeding ten thousand dollars, for one or more other monetary instruments [or equivalent property,] with the knowledge that the exchange will <insert as appropriate:>

  • conceal that the exchanged monetary instrument or instruments (or equivalent property) is derived from any criminal activity.

  • aid a person to engage in criminal activity.

  • aid a person to profit from criminal activity.

  • aid a person to benefit from criminal activity.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Exchange of monetary instrument
The first element is that the defendant (exchanged / received in exchange) any monetary instrument with a value exceeding ten thousand dollars for one or more other monetary instruments [or equivalent property].

"Monetary instrument" means coin or currency of the United States or of any other country, travelers' checks, personal checks, bank checks, money orders, negotiable investment securities or negotiable instruments in bearer form or otherwise in such form that title thereto passes upon delivery.

"Equivalent property" means property that may be readily converted into, or exchanged for, United States or foreign currency or coin, including gold, silver or platinum bullion or coins, diamonds, emeralds, rubies, sapphires or other precious stones, stamps or airline tickets, or any other property that is intended to be so converted or exchanged.

"Exchange," in addition to its ordinary meaning, means purchase, sale, loan, pledge, gift, transfer, delivery, deposit, withdrawal or extension of credit.

For purposes of determining whether the state has proved the value of the (monetary instruments / goods / services / property)1, "value" shall be ascertained as follows:  "Value" here means the market value of the goods, services, or property at the time and place of the crime.  "Market value" means the price that would, in all probability, result from fair negotiations between willing buyers and sellers at the time and place of the crime; the probability being based upon the evidence in the case.

If you can determine the price the property sold for at the time of the crime, then that is the controlling value.  If the market value cannot be determined, then you should consider the replacement cost of the goods or services within a reasonable time after the crime.

Monetary instruments, except those having a readily ascertainable market value such as some public and corporate bonds and securities, shall be evaluated as follows:  The value of an instrument constituting evidence of debt, such as a check, draft or promissory note, shall be deemed the amount due or collectible thereon, such figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied.  The value of any other instrument which creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.  When the value of property or services cannot be satisfactorily ascertained pursuant to these standards, its value shall be deemed to be an amount less than fifty dollars.

Element 2 - Derived from felonious conduct
The second element is that the defendant knew that at least one of the monetary instrument(s) (exchanged / received) was derived from criminal conduct constituting a felony.2  "Felony" means a criminal offense committed in this state or another jurisdiction punishable by death or a term of imprisonment exceeding one year.  A person acts "knowingly" with respect to conduct or circumstances when (he/she) is aware that (his/her) conduct is of such nature or that such circumstances exist.  <See Knowledge, Instruction 2.3-3.>

Element 3 - Knowledge
The third element is that the defendant (exchanged / received) the monetary instrument(s) with the knowledge that the exchange will <insert as appropriate:>

  • conceal that the exchanged monetary instrument or instruments (or equivalent property) is derived from any criminal activity.

  • aid a person to engage in criminal activity.

  • aid a person to profit from criminal activity.

  • aid a person to benefit from criminal activity.

<See Knowledge, Instruction 2.3-3.>

<See instructions on the alleged felonious criminal conduct.>

 Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant (exchanged / received in exchange) a monetary instrument with a value exceeding ten thousand dollars for one or more monetary instruments [or equivalent property], 2) (he/she) knew that at least one of the monetary instruments (exchanged / received in exchange) by the defendant derived from felonious conduct, and 3) the defendant intended <insert specific allegations>.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of money laundering in the third degree, then you shall find the defendant guilty.  On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.
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1 The value of money or credit is equal to its face value, and no special instruction directing the jury on how to determine the value is necessary.  The instruction on determining the value is derived from General Statutes § 53a-121.

2 See Introduction to Money Laundering for statutory presumptions pertaining to knowledge of the derivation of the instruments from criminal activity.
 


 

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