Criminal Jury Instructions Home

10.4-4  Money Laundering in the Fourth Degree -- § 53a-279

Revised to December 1, 2007

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

a person commits the crime of money laundering in the fourth 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, 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 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.

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.¹  "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.

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