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In the Courts

By ALM Staff | Law Journal Newsletters |
June 26, 2008

Supreme Court Sides with Defendants in Federal Money-Laundering Cases

The Supreme Court recently issued two opinions interpreting federal money-laundering statutes in favor of the criminal defendants. Justice Thomas, writing for a unanimous Court in Cuellar v. United States, No. 06-1456, slip op. (U.S. June 2, 2008), available at http://www.supremecourtus.gov/ opinions/07pdf/06-1456.pdf, held that the government must show that a defendant did more than just conceal money during transport to support a conviction under 18 U.S.C. ' 1956(a)(2)(B)(i), which prohibits international transportation of proceeds from unlawful activity. The petitioner was charged with attempting to transport the proceeds of unlawful activity across the border, knowing that the transportation was designed 'to conceal or disguise the nature, the location, the source, the ownership, or the control' of the money. 18 U.S.C. ' 1956(a)(2)(B)(i).

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