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The Money Laundering Hammer
The federal government has wielded the money laundering statutes, 18 U.S.C. ” 1956 and 1957, to great effect in various cases due to their breathtaking sweep, jury appeal, and severe sentencing enhancement under the federal Sentencing Guidelines. The Supreme Court's recent ruling in United States v. Santos, 128 S.Ct. 2020 (June 2, 2008), may undermine the feds' use of this weapon, particularly in cases in which the profit to the defendant from any given transaction is unclear. Although Santos raises many legal and practical issues to be litigated over time, an immediately compelling aspect is that it creates opportunities for defendants already convicted and sentenced under ' 1956, including those who have exhausted their appeals.
The Santos Opinion
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