24.29 Receiving the Proceeds of Extortion (18 U.S.C. § 880)

24.29 Receiving the Proceeds of Extortion

(18 U.S.C. § 880)

The defendant is charged in [Count _______ of] the indictment with [[receiving] [possessing] [concealing] [disposing of]] the proceeds of extortion in violation of Section 880 of Title 18 of the United States Code. 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 [[received] [possessed] [concealed] [disposed of]] [[money] [property]]; 

Second, the [[money] [property]] was obtained from [specify threat or extortion-related criminal activity violating 18 U.S.C. Chapter 41]; and 

Third, the defendant knew the [[money] [property]] had been unlawfully obtained. 

Comment 

See United States v. Lemus, 93 F.4th 1255, 1258-61 (9th Cir. 2024) (affirming district court’s use of substantially similar jury instruction). 

“To violate § 880, the money at issue must have been obtained from threats or extortion-related offenses.  The term [in § 880] ‘any offense under this chapter’ refers to violations of Chapter 41 of Title 18 . . . .” Lemus, 93 F.4th at 1257. 

To establish knowledge under the third element, the government need only prove that the defendant possessed knowledge that the money or property at issue was “unlawfully obtained.” Lemus, 93 F.4th at 1258-59. “Specific knowledge of the money’s origin as proceeds of extortion or threats is unnecessary.” Id. at 1259.