PEOPLE v. MAYS Part II
Prosecution under Penal Code Sec. 186.10(a) for money laundering based on conducting a transaction within a seven day period "involving a monetary instrument or instruments of a total value exceeding five thousand dollars ($5,000)" with either the specific intent to promote or carry on criminal activity or "knowing that the monetary instrument represents the proceeds of, or is derived directly or indirectly from the proceeds of, criminal activity" requires proof that defendant's entire business was illegal, there were deposit(s) of $5,000 or more in criminally derived funds, and there was a transfer of all funds out of the account. Evidence was sufficient to support defendant's conviction under Sec. 186.10(a) where it showed that funds were derived from defendant's "escort service" that was used to conduct an illegal prostitution business; defendant failed to show that funds allegedly generated by his other legitimate businesses and deposited into the same account as the escort service funds were significant; and defendant used the cash deposits with the specific intent to promote and carry on his prostitution business by paying for office space to conduct the prostitution business through his escort business, paying for a residence that allowed him to retain control over the women and to obtain all their earnings from prostitution in exchange for providing them with shelter, and paying for the cell phones that were used to carry on the prostitution business.
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