Does the money-laundering statute require a defendant charged with participating in a financial transaction identified in the indictment to know that it involved unlawful activities?

MultiRegion, United States of America

The following excerpt is from U.S. v. Baker, 63 F.3d 1478 (9th Cir. 1995):

There is no dispute that the money-laundering statute "requires the government to prove that a defendant charged with participating in the financial transaction identified in the indictment knew that it involved the proceeds of unlawful activities." United States v. Jackson, 935 F.2d 832, 838 (7th Cir.1991). In United States v. Stein, 37 F.3d 1407 (9th Cir.1994), we held that "to sustain a conviction [for money laundering] the defendant must have known that the primary predicate activity ... was unlawful." Id. at 1410. What the defendant need not have known is "that the secondary act of laundering the proceeds [of the unlawful activity] was [also] unlawful." Id.

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