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In the Courts

By ALM Staff | Law Journal Newsletters |
August 18, 2003

Fifth Circuit Rejects 'Positional Predisposition' Expert Testimony

In United States v. Ogle, No. 02-60285, 2003 WL 1870941 (5th Cir. April 14, 2003), James Ogle appealed his conviction and sentence for conspiring to launder monetary instruments in violation of 18 U.S.C. ” 1956(h) and 1956(a)(3)(B), (C). On appeal, he argued, inter alia, that the trial court erred by excluding the proffered expert testimony of a former IRS Special Agent, who proposed to testify on Ogle's deteriorating financial situation as it related to his ability to engage in a large-scale money laundering transaction. The expert opined that Ogle lacked the 'positional predisposition to commit any crime, let alone money laundering.'

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