Articles Tagged with “Money Laundering”

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Child porn cases are turning out to be a surprisingly large portion of what’s in federal court.

Child pornography is gross and wrong, to be clear. But these cases are, I think, a symptom of a larger problem.

All of us have times in our lives when we’re in the wilderness, when we feel adrift and alienated and unsure of where we’re going or where we are. Some folks in this time of life turn to alcohol, Some turn to drugs, video games, or other ways to keep themselves from facing the great chasm of dissatisfaction that their lives have become. “The mass of men lead lives of quiet desparation” and all that.

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In this edition, I think the most interesting case (of a number of interesting cases) is United States v. Garcia.

There, the government had an agent testify as an expert. The Fourth Circuit reversed, because the agent’s “expert testimony” exceeded the bounds of what counts as expert testimony.

The way agents get qualified as experts is, often, nuts. It’s good to see the Fourth Circuit rolling it back.

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It’s a good week for sentencing remands in the federal circuits. To my mind, the most interesting case is United States v. Salgado, where the Eleventh Circuit reversed a district court for considering the person who was being sentenced’s role in the underlying offense that money was laundered in connection with, when the person was sentenced for money laundering. When you’re figuring out the guidelines, the Eleventh Circuit said you can’t do that.

Mr. Salgado was a leader in the drug operation in the case, but he wasn’t a leader in the money laundering. It turns out there’s an application note that says leadership on one offense doesn’t translate into leadership for the other.

To the victories!

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It’s generally a slow time of year between Christmas and New Year’s, but the federal circuits have been busy. But who wouldn’t want to start the year with a remand in a criminal case (other than the government)?

Since we were off last week, here are the wins from the last two weeks in the federal circuits.

Happy New Year!

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It’s white-collar week here at the federal criminal appeals blog. Two big wins in white collar cases – a price fixing conspiracy case in U.S. v. Grimm and a sentencing win in a securities fraud case in U.S. v. Simmons.

It warms your heart right before the holidays.

This is also the last week to vote for this blog on the ABA Blog 100. Here’s the link – scroll down to the criminal justice blogs and you’ll find us.

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Last week was a great week for folks appealing a federal conviction.

In United States v. Garrido and again in United States v. Cone fraud convictions were reversed by the Ninth Circuit and the Fourth Circuit. Separately, in the Ninth Circuit, a conviction was reversed and remanded for a Miranda violation in United States v. Barnes.

There was also a bit of news in the continuing budget problems plaguing federal defender’s offices – two federal judges wrote a nice op-ed in the Washington Post about the problem.

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Our brave new world of internet technology is encouraging innovation of all kinds. Innovation of new ways to interact with each other, new ways to learn, new ways to work, new ways to embezzle and create records of one’s embezzlement, and new ways for the government to try to prosecute.

In United States v. Phillips, the Ninth Circuit – in an opinion written by S.D.N.Y. SuperJudge Rakoff sitting by designation – brushed back a prosecution for embezzlement from a tech company.

1369865_mailbox.jpgThe government, you see, prosecuted a former CEO of a tech company for mail fraud.

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William Cloud believed in the American dream of home ownership. He worked to make buying a home easy for people in his community.

He wanted to make buying a house easy, even if it would be the second or third house that a person would own.

1389529_house.jpgTo make sure the houses he was helping people buy were up to snuff, he’d buy them first and do some work on them. He’d then sell them – or, using the government’s language – he’d “flip” them to the people he was helping to become real estate investors.

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Perhaps one of the most celebrated charging strategies by the federal government was to investigate and charge Al Capone with tax evasion. The feds weren’t really after him for tax crimes – they wanted Al Capone because he was a mobster. Yet by charging the tax offense, the federal government was able to get a conviction that stuck.

Yet the government runs a risk when it charges an auxiliary crime – one that isn’t the main offense that they’re targeting but, rather, something that derives from it.

The Fifth Circuit’s recent opinion in United States v. Harris illustrates this point.