18 u.s.c. section 2232(a) for removing property subject to seizure for forfeiture.jpeg

Because 18 U.S.C. § 2232(a) is an infrequently charged stand-alone offense, several federal circuits do not maintain a pre-drafted “pattern” instruction in their standard pattern criminal jury books.

Instead, federal district courts utilize tailored instructions derived directly from statutory text and model treatises (such as Sand, Modern Federal Jury Instructions), broken into statutory elements, operational definitions, and specific intent requirements.


The Difference Between 18 USCS § 2232 and 18 USCS § 2233

The main difference between 18 USCS § 2232 and 18 USCS § 2233 is that § 2232 involves the destruction or removal of property to prevent seizure from occurring, while § 2233 is focused on the rescue of property after authorized seizure by federal officer. United States v. Spicer, 547 F.2d 1228 (5th Cir.), cert. denied, 430 U.S. 987, 97 S. Ct. 1688, 52 L. Ed. 2d 383 (1977).


Jury Instructions for 18 U.S.C. § 2232(a) -Destruction or Removal of Property to Prevent Seizure

One of the best ways to understand the elements of 18 U.S.C. § 2232(a) -Destruction or Removal of Property to Prevent Seizure is to read the standard jury instructions.

Below is the standard substantive jury instruction modeled for charges under 18 U.S.C. § 2232(a).

1. The Indictment and the Statute

Count [Number] of the indictment charges the defendant with violating Title 18, United States Code, Section 2232(a).

That section makes it a federal crime for anyone knowingly to destroy, damage, waste, dispose of, transfer, or alter any property, or attempt to do so, for the purpose of preventing or impairing the Government’s lawful authority to take such property into its custody or control, or to continue holding such property under its lawful custody and control.

2. Elements of the Offense

In order to find the defendant guilty of this offense, the Government must prove each of the following four elements beyond a reasonable doubt:

  1. First: That persons authorized by law to make searches and seizures had seized, were endeavoring to seize, or were about to seize the property described in the indictment;
  2. Second: That the defendant knew that such persons were authorized to seize, had seized, were endeavoring to seize, or were about to seize that property;
  3. Third: That the defendant knowingly destroyed, damaged, wasted, disposed of, transferred, or altered that property (or attempted to do so); and
  4. Fourth: That the defendant did so with the specific purpose of preventing or impairing the Government’s lawful authority to take the property into its custody or control, or to continue holding the property under its lawful custody or control.

If you find that the Government has proved each of these elements beyond a reasonable doubt, you should find the defendant guilty. If you find that the Government has failed to prove any one of these elements beyond a reasonable doubt, you must find the defendant not guilty.

3. Explanatory Definitions & Companion Instructions

When charging a jury under § 2232(a), the court pairs the core elements with specific definitions defining the boundaries of intent:

A. Specific Purpose / Intent

The word “purpose” means that the defendant acted with the conscious objective or desire to defeat, prevent, delay, or impair the Government’s lawful authority to seize or maintain custody of the property.

It is not enough for the Government to prove merely that the defendant transferred or disposed of the property and that the transfer had the effect of making the property unavailable. The Government must prove beyond a reasonable doubt that preventing or impairing the seizure was the defendant’s purpose in transferring, disposing of, or altering the property.

B. “Knowingly”

An act is done “knowingly” if done voluntarily and intentionally, and not because of mistake, accident, negligence, or other innocent reason.
Department of Justice

C. Authorized to Make Searches and Seizures

“Persons authorized to make searches and seizures” refers to law enforcement officers, federal agents, or court-appointed personnel acting under federal statutory authority, an administrative warrant, a search or seizure warrant issued by a judge, or a court order authorizing the restraint or arrest of property.

Strategic Practice Notes for the Defense

Challenging the Temporal Element (“About to Seize”):

The statute covers property that officers “were about to seize.” A key battleground in jury instruction conferences is defining how imminent a seizure must be.

If the defendant made routine transfers or liquidated assets when an investigation was merely rumored or speculative—prior to any warrant issuance, freeze order, or explicit notice—the defense should request an instruction clarifying that general apprehension of potential future government action is insufficient to establish that a seizure was imminent or that agents were about to seize the property.

The “Dual Purpose” / Independent Business Purpose Instruction:

Where the defendant moved funds to cover legitimate payroll, pay suppliers, or fulfill existing contractual debts, the defense should request a theory-of-defense instruction. That instruction explains that evidence that property was transferred in the ordinary course of business or to satisfy bona fide business obligations negates the specific purpose required by § 2232(a), provided the transfer was not executed for the purpose of defeating lawful custody.

Advice of Counsel Instruction:

If the asset movements (such as establishing an escrow, funding legal fees under Luis v. United States, or invoking administrative procedures) were undertaken following consultation with forfeiture counsel, a standard Good-Faith Reliance on Advice of Counsel instruction is critical.

That instruction might provide: If the defendant, before acting, in good faith sought the advice of an attorney, made a full and honest disclosure of all material facts to that attorney, and acted in good faith upon that advice, you may consider that evidence in determining whether the defendant acted with the specific purpose required by the statute.