In a prosecution under this part, either party may introduce the following evidence pertaining to the issue of whether the property or proceeds were known to be from some form of specified unlawful activity that:

(1) A financial transaction was conducted or structured in violation of the reporting requirements of any state or federal law;

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Terms Used In Tennessee Code 39-14-907

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Financial transaction: means a purchase, sale, loan, pledge, contract, gift, payment, and also includes a withdrawal, transmission of funds, transfer between accounts or deposit, of monetary or negotiable instruments, funds or an exchange of any other property, including, but not limited to, currency, precious metals, stones or jewelry, tickets, stamps or credit in a financial institution. See Tennessee Code 39-14-902
  • Proceeds: includes gross profits from the commission of any specified unlawful activity, including property, real, personal or intangible of any kind, acquired or derived, directly or indirectly, from, produced through, realized through or caused by an act or omission. See Tennessee Code 39-14-902
  • Property: means anything of value, and includes any interest in property, including any benefit, privilege, claim or right with respect to anything of value, whether real or personal, tangible or intangible. See Tennessee Code 39-14-902
  • Specified unlawful activity: means any act, including any preparatory or completed offense, committed for financial gain that is punishable as a felony under the laws of this state, or if the act occurred outside this state, would be punishable by confinement for more than one (1) year under the laws of the state in which it occurred. See Tennessee Code 39-14-902
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(2) Money or any negotiable instrument was found in proximity to contraband or instrumentalities of an offense;
(3) A financial transaction was conducted with the use of a false or fictitious name; or
(4) A financial transaction was structured so as to falsely report the actual consideration or value of the transaction.