8.148 TRANSPORTING FUNDS TO PROMOTE UNLAWFUL ACTIVITY (18 U.S.C. § 1956(a)(2)(A))
The defendant is charged in [Count _______ of] the indictment with [transporting] [attempting to transport] funds to promote unlawful activity in violation of Section 1956(a)(2)(A) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:
First, the defendant [transported] [intended to transport] money [from a place in the United States to or through a place outside the United States] [to a place in the United States from or through a place outside the United States]; [and]
Second, the defendant acted with the intent to promote the carrying on of [specify criminal activity charged in the indictment][.] [; and]
[Third, the defendant did something that was a substantial step toward committing the crime.
Mere preparation is not a substantial step toward committing the crime. To constitute a substantial step, a defendant’s act or actions must demonstrate that the crime will take place unless interrupted by independent circumstances.]
The bracketed language stating a third element applies to attempt to transport funds to promote unlawful activity.
For an attempt to commit the crime, jurors do not need to agree unanimously as to which particular act or actions constituted a substantial step toward the commission of a crime. United States v. Hofus, 598 F.3d 1171, 1176 (9th Cir.2010).