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In the Courts
Sixth Circuit: Government Must Show Concealment Was The Animating Purpose
The U.S. Court of Appeals for the Sixth Circuit, in an opinion by Circuit Judge Raymond M. Kethledge, partially reversed the money-laundering conviction of Roger Faulkenberry because the government had not demonstrated that the transaction was intended to conceal. United States v. Faulkenberry, Nos. 08-4233, 08-4404, 2010 WL 2925106 (6th Cir. Jul. 28, 2010).
The matter arose from an alleged $2.4-billion fraud by National Century Financial Enterprises (NCFE), which purchased the accounts-receivable of health care providers at a discounted rate and then sold bonds to investors to generate cash for additional purchases. The receivables purchased would be used as collateral for the bonds issued to investors. NCFE made a number of promises to investors about the level of collateral it would keep, the types of receivables that their investments would be used to purchase, and the reserve funds it would have, all of which ultimately proved false. In reality, NCFE allegedly made massive loans to health care providers while receiving minimal collateral in return.
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