Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
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.'
The Fifth Circuit held that the trial court did not abuse its discretion in excluding such testimony. The court found that even if the expert testimony had been admitted into evidence, Ogle still could not have established that he was not positionally predisposed to engage either in a conspiracy to commit money laundering or to commit the substantive offense of money laundering. First, the court reasoned that Ogle failed to offer any evidence that he was not positionally predisposed to join in a conspiracy because Ogle's supposed inability to launder money himself has little bearing on his ability to agree to assist in that endeavor. Second, the court reasoned that the expert's testimony would not have been sufficient to establish that Ogle was not positionally predisposed to commit the substantive offense of money laundering because whether Ogle had the personal financial resources to conduct, by himself, a large-scale money laundering transaction is not determinative of the issue of his positional predisposition to engage in actual money laundering. The court explained that Ogle's proposed plans to launder the money involved the use not of his own financial resources, but of those of a third party or parties. Moreover, Ogle's role in the proposed money laundering transaction was that of a broker, one responsible for the picking up and transporting of the cash in order to take advantage of the assets of a third party or parties. Thus, the court concluded that Ogle's proposed expert testimony could not have established a lack of positional predisposition, and that its exclusion, therefore, was not an abuse of discretion.
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.