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Strangers in a Strange Land
Recent pronouncements by both the Supreme Court and Congress have significantly expanded the reach and power of the federal money laundering statute. Although traditionally associated with drug dealing, the statute can reach and has reached any illegal activity that generates large sums of cash (eg, insider trading, fraud, embezzlement). These changes in the law afford the government greater flexibility in where it can bring money laundering cases, and make it easier for the government to obtain a conviction for conspiracy to commit money laundering. Rule 18 of the Federal Rules of Criminal Procedure states that “[u]nless a statute of these rules permit otherwise, the government must prosecute an offense in a district where the offense was committed.”
United States v. Cabrales
In United States v. Cabrales, 524 U.S. 1, 2-3 (1998), the Supreme Court held that Missouri was an improper venue for a money laundering charge because the money laundering activity charged against the defendant began, continued and was completed wholly in Florida. The underlying funds were generated from drug activity in Missouri, but all the money laundering activity was completed in Florida. The Court rejected the government's contention that the money laundering in question was a continuing offense because Cabrales was not charged with conspiracy, nor was it alleged that he acquired the funds in one district and transported them into another.
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