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specified unlawful activity [and does so either] in the United States or in the special maritime and territorial jurisdiction of the United States [or] outside the United States and such special jurisdiction, but the defendant is a United States person.

To obtain a conviction under section 1957, the government must prove the following five elements beyond a reasonable doubt:

First, the defendant engaged (or attempted to engage) in a monetary transaction in or affecting interstate commerce;

Second, the monetary transaction involved criminally derived property of a value greater than $10,000;

Third, the property was derived from specified unlawful activity;

Fourth, the defendant acted knowingly, that is, with knowledge that the transaction involved proceeds of a criminal offense; and

Fifth, the transaction took place in the United States, or the defendant is a U.S. person.[1]

Finally, 18 U.S.C. § 1956(h) imposes criminal liability on any person who conspires to commit any offense defined in section 1956 or 1957. To obtain a conviction under section 1956(h), the government must prove the following three elements beyond a reasonable doubt:

First, two or more persons reached an agreement to commit one of the specified offenses;

Second, the defendant voluntarily and intentionally joined in the agreement or understanding, either at the time it was first reached or at some later time while it was still in effect; and

Third, at the time the defendant joined in the agreement or understanding, he/she knew the purpose of the agreement or understanding.[2]

13. Disclosure of national defense information

18 U.S.C. § 793(d) imposes criminal liability on:

Whoever, lawfully having possession of, access to, control over, or being entrusted with any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted or attempts to communicate, deliver, transmit or cause to be communicated, delivered or transmitted the same to any person not entitled to

  1. See 3 Modern Federal Jury Instructions-Criminal P 50A.06 (Lexis).
  2. See Modern Federal Jury Instructions-Criminal 6.18.1956K (8th Cir.) (Lexis 2022).

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