Page:Durham Report.pdf/52

This page has been proofread, but needs to be validated.
in any grant, contract … or other form of Federal assistance … if the value of such grant, contract … or other form of Federal assistance … is $1,000,000 or more ….

The government must prove three elements beyond a reasonable doubt to obtain a conviction under section 1031(a):

First, the defendant knowingly used or tried to use a scheme with the intent to defraud the United States or to get money or property by using materially false or fraudulent pretenses, representations, or promises;

Second, the scheme took place as a part of acquiring property, services, or money as a contractor with the United States or as a subcontractor or a supplier on a contract with the United States; and

Third, the value of the contract or subcontract was $1,000,000 or more.[1]

12. Money-laundering

18 U.S.C. § 1956(a)(1)(A) imposes criminal liability on:

Whoever, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activity--

i) with the intent to promote the carrying on of specified unlawful activity; or

(ii) with intent to engage in conduct constituting a violation of section 7201 or 7206 of the Internal Revenue Code of 1986.

To obtain a conviction under section 1956(a)(1)(A), the government must prove the following three elements beyond a reasonable doubt:

First, the defendant conducted (or attempted to conduct) a financial transaction involving property constituting the proceeds of specified unlawful activity;

Second, the defendant knew that the property involved in the financial transaction was the proceeds of some form of unlawful activity; and

Third, the defendant acted either with the intent to promote the carrying on of specified unlawful activity or with the intent to engage in conduct violating certain provisions of the Internal Revenue Code.[2]

18 U.S.C. § 1957 imposes criminal liability on:

Whoever … knowingly engages or attempts to engage in a monetary transaction in criminally derived property of a value greater than $10,000 and is derived from
  1. ↑ See Pattern Crim. Jury Instr. 11th Cir. OI O43 (WL 2020).
  2. ↑ See 3 Modern Federal Jury Instructions-Criminal P 50A.01 (Lexis).

42

This article is issued from Wikisource. The text is available under Creative Commons Attribution-Share Alike 4.0 unless otherwise noted. Additional terms may apply for the media files.