For you to be found guilty of this crime, the government must convince a jury of each of the following things beyond a reasonable doubt:
- That a defendant traveled or caused someone else to travel in interstate commerce or in foreign commerce or that they used an interstate facility such as the mail, the internet or telephone.
- That they did so with the intent to promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on of an unlawful activity.
- That they later performed or attempted to perform acts in furtherance of promoting, managing, establishing carrying on or facilitating the unlawful activity.
“Interstate commerce” includes commerce or travel between one state and another state, and the use of the mail, telephone and internet. There is no requirement that the interstate travel or use of interstate facilities be essential to the scheme. It is enough if the interstate travel or use of interstate facilities made the unlawful activity easier