Tag: Money Laundering

Good news for Ben Kuehne and the defense bar today. The 11th Circuit has upheld the trial court's dismissal of a money laundering charge against prominent defense attorney Ben Kuehne. (Background here.) The opinion is here. The SDFla Blog has more here.
The issue was the the meaning of the exemption in § 1957(f)(1), whose plain language excludes from the statute’s scope “any transaction necessary to preserve a person’s right to representation as guaranteed by the sixth amendment to the Constitution.” Both sides agreed the funds in question were used to pay attorneys' fees. [More...]
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In a ruling favorable to defendants, the Supreme Court today narrowed the application of the crime of money laundering in an opinion by Justice Clarence Thomas.
''The rulings significantly raise the bar for prosecutors to prove money laundering,'' said Jeffrey Green, who represents the National Association of Criminal Defense Lawyers.
Green said the decisions also will significantly affect the white-collar world, where money laundering charges are frequently tacked onto alleged violations of the Foreign Corrupt Practices Act, the law designed to prosecute American companies that bribe foreign officials.
From an e-mail I received from the Sentencing Resource Counsel:[More...]
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Scotus Blog reports:
The Supreme Court agreed on Monday to spell out when an individual engaged in “laundering” of crime proceeds has illegally concealed their real source — in effect, what it means to “launder” money. The issue arises in Cuellar v. U.S. (06-1456). This was the only case granted Monday. Click the following links to read the petition for certiorari, brief in opposition, reply brief, and amicus brief on behalf of the National Association of Criminal Defense Lawyers.
The question:
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