CALCRIM No. 2997. Money Laundering (Pen. Code, § 186.10)

Judicial Council of California Criminal Jury Instructions (2023 edition)

Download PDF
Bg84b
H. MONEY LAUNDERING
2997.Money Laundering (Pen. Code, § 186.10)
The defendant is charged [in Count ] with money
laundering [in violation of Penal Code section 186.10].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant (conducted/ [or] attempted to conduct) one or
more financial transactions involving at least one monetary
instrument through at least one financial institution;
1. <Give 2A when only one transaction is alleged.>
[2A. The financial transaction involved [a] monetary instrument[s]
with a total value of more than $5,000;]
[2A. <Give 2B and/or 2C as appropriate when multiple transactions are
alleged.>
[2B. The defendant (conducted/ [or] attempted to conduct) the
financial transactions within a seven-day period and the monetary
instrument[s] involved had a total value of more than $5,000;]
[OR]
[2C. The defendant (conducted/ [or] attempted to conduct) the
financial transactions within a 30-day period and the monetary
instrument[s] involved had a total value of more than $25,000;]
[AND]
[2C. <Give 3A, 3B, or both, as appropriate.>
[3A. When the defendant did so, (he/she) intended to (promote/ [or]
manage/ [or] establish/ [or] carry on/ [or] facilitate) criminal
activity;]
[OR]
[3B. The defendant knew that the monetary instrument[s] represented
the proceeds of criminal activity or (was/were) derived directly or
indirectly from the proceeds of criminal activity(;/.)]
[AND]
[3B. <Give element 4 as appropriate if the defendant is an attorney.>
[4. The attorney defendant accepted a fee for representing a client in
a criminal investigation or proceeding and accepted the monetary
801
Bg84c
instrument with the intent to disguise or aid in disguising the
source of the funds or the nature of the criminal activity.]
Conducting includes, but is not limited to, initiating, participating in, or
concluding a transaction.
Financial institution means (any national bank or banking institution/
<insert appropriate entity from Pen. Code, § 186.9(b)>)
located or doing business in the state of California.
Atransaction includes the (deposit/ [or] withdrawal/ [or] transfer/ [or]
bailment/ [or] loan/ [or] pledge/ [or] payment/ [or] exchange) of
(currency/ [or] a monetary instrument/ [or] the electronic, wire,
magnetic, or manual transfer) of funds between accounts by, through, or
to, a financial institution.
Amonetary instrument means (money of the United States of America/
[or] <insert appropriate item from Pen. Code, § 186.9(d)>.
Criminal activity means (a criminal offense punishable under the laws of
the state of California by [death or] imprisonment in the state prison/
[or] a criminal offense committed in another jurisdiction, which, under
the laws of that jurisdiction is punishable by death or imprisonment for
a term exceeding one year).
[Foreign bank draft means a bank draft or check issued or made out by
a foreign (bank/ [or] savings and loan/ [or] casa de cambio/ [or] credit
union/ [or] currency dealer or exchanger/ [or] check cashing business/
[or] money transmitter/ [or] insurance company/ [or] investment or
private bank) [or any other foreign financial institution that provides
similar financial services,] on an account in the name of the foreign bank
or foreign financial institution held at a bank or other financial
institution located in the United States or a territory of the United
States.]
<Give the following paragraph if a sentence enhancement is alleged
pursuant to Pen. Code, § 186.10(c).>
[If you find the defendant guilty of this crime, you must then determine
whether the [total] value of the [attempted] transaction[s] was more than
<insert alleged minimum value> but less than <insert
alleged top limit>. The People have the burden of proving this additional
allegation beyond a reasonable doubt. If the People have not met this
burden, you must find that this allegation has not been proved.]
New August 2009; Revised April 2010
CALCRIM No. 2997 VANDALISM, LOITERING, AND TRESPASS
802
Bg84d
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
If the definition of proceeds is an issue, see United States v. Santos (2008) 553 U.S.
507 [128 S.Ct. 2020, 2022, 170 L.Ed.2d 912], holding that “proceeds” in the federal
money laundering statute means “profits” in the context of an illegal gambling
scheme.
AUTHORITY
• Elements. Pen. Code, § 186.10; People v. Mays (2007) 148 Cal.App.4th 13, 29
[55 Cal.Rptr.3d 356].
• Definitions. Pen. Code, § 186.9.
• Definition of Proceeds. United States v. Santos (2008) 553 U.S. 507 [128 S.Ct.
2020, 2022, 170 L.Ed.2d 912].
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Governmental Authority, § 165.
5 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 91,
Sentencing, § 91.48 (Matthew Bender).
2998-3000. Reserved for Future Use
VANDALISM, LOITERING, AND TRESPASS CALCRIM No. 2997
803

© Judicial Council of California.