Court Takes Money Laundering Case
Court Alerts
[##_1L|1077900759.jpg|width="180" height="122" alt=""|_##]The Supreme Court agreed Monday to decide whether merely hiding money that is headed out of the United States can constitute money laundering. The case involves the conviction of a man arrested in Texas while traveling toward Mexico with $83,000 in cash hidden beneath the floor of his car. Police suspected the money came from drug trafficking. Humberto Fidel Regalado Cuellar was sentenced to 78 months in prison for international money laundering.
Money laundering typically involves an effort to make it appear that money from an illegal transaction, often drug sales, is legitimate.
Several federal appeals courts have said that concealing money that is going across the U.S. border, without proving why, also is a crime under the federal law concerning international money laundering.
A three-judge panel reversed Cuellar's conviction on a 2-1 vote, saying that prosecutors had to show that the defendant's activities were designed to create the appearance of legitimate wealth.
Acknowledging that the money likely was drug proceeds and that Cuellar knew it, the appeals panel said the government did not prove that Cuellar was trying "to create the appearance of legitimate wealth." He could have been charged with smuggling cash, the judges said.
The full 5th U.S. Circuit Court of Appeals rejected that decision and affirmed the conviction, declaring that it makes no sense to say that Congress chose the word "conceal" to apply only in a certain way.
"Concealment of the funds during the U.S. leg of the trip is a vital part of the transportation design or plan to get the funds out of this country," the full appeals court said.
In asking the justices to take the case, Cuellar's lawyers said the appeals court decision incorrectly expands the scope of the money laundering law.
Defense lawyers who urged the court to hear Cuellar's case said the concealment provision — with its maximum prison term of 20 years and fine of $500,000 — has proven highly useful to prosecutors in forcing guilty pleas from defendants.
"The mere threat of a money laundering charge can be a powerful weapon in the prosecutor's negotiating arsenal," the brief for the National Association of Criminal Defense Lawyers said.
Had Cuellar been charged with smuggling, he would have faced up to five years in prison, the defense lawyers said.
Related listings
-
Ex-Idol Contestant Clark Pleads Guilty
Court Alerts 10/13/2007[##_1L|1349380548.jpg|width="122" height="141" alt=""|_##]Former "American Idol" contestant Corey Clark is facing up to two years in jail and a maximum fine of $150,000 after pleading guilty to a felony charge of harassment. Clark, 27, is scheduled t...
-
Blackwater USA Sued by Philadelphia Law Firm
Court Alerts 10/12/2007[##_1L|1271995640.jpg|width="130" height="90" alt=""|_##]Blackwater has had a suit filed against it by a Philly law firm on behalf of the families killed and hurt last month in Iraq. The lawsuit dubs the incident 'a senseless slaying' and says that i...
-
NYC Lawyer Sentenced for Underage Sex
Court Alerts 10/12/2007[##_1L|1314848053.jpg|width="120" height="101" alt=""|_##]A tax lawyer who paid a woman so he could have sex with her two underage daughters was sentenced Thursday and declared a sex offender but wasn't expected to spend much more time behind bars. J...

Victorville CA DUI defense Attorneys
The outcome of a DUI defense will have a long-term effect on anyone’s life, making the decision to receive legal representation an easy one. The fact is, most people accused of a DUI are first offenders with no criminal background. Whether this is your first run in with the law or you have had previous convictions, you are in need of a DUI defense attorney.
The charges you are facing for a DUI range from fines, a 12-month suspension on your license and worst-case scenario, prison time. Your attorney will be able to analyze your situation to decide the best way to go about your case.
Our attorneys know the tricky ways to challenge all of the DUI tests and know how to claim improper collection of evidence. We will be able to negotiate on your behalf and free you from charges and help you keep your drivers license. The DUI process can last up to several months, we can make this process easier on you. .