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

Judicial Council of California Criminal Jury Instructions (2020 edition)

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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
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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
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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
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