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US Supreme Court seeks for tighter rules on money launderingJune 27, 2008, 12:02 pm (3 years ago)In the blog of The Supreme Court of the United States, found an attention-grabbing entry about money laundering which was given to the Cuellar v. United States and United States v. Santos cases on June 2 this year.
Basically, the finding is that just smuggling hidden money in big amount does not represent "money laundering". To ensure a conviction, an attempt to hide or camouflage the transaction that involves an attempt to present the assessment from a legal enterprise. The blog is explaining how the accused in Cuellar case, was stopped while driving a car in Texas. By Cuellar’s body language and attitude, the police officer found him suspicious which led him to search his vehicle. $81 000 was found concealed in a secret compartment. Under section 1956(a)(2)(B)(i) which bans transportation of illegal funds, Cuellar was convicted of international money laundering. He was not charged with cash smuggling, and he was sentenced to 78 months. This was eighteen months more than the maximum punishment available under the bulk cash smuggling statute. The money laundering conviction was reversed by The Supreme Court in a undisputed decision written by Justice Thomas, saying that the law under which pleader was convicted needs proof that the transportation was "designed in whole or in part to conceal or disguise the nature, the location, the source, the ownership, or the control" of the funds. In this case, the only evidence to prove this element showed that the pleader is involved with hiding the funds on the way to Mexico, and so his conviction cannot stand. Justice Alito, joined by the Chief Justice and Justice Kennedy, agreed that once the cash got to Mexico the government could have proved the effect of being concealed, but in this case the government failed to produce such evidence beyond a reasonable doubt. The ruling might influence US Department of Justice officials to use the more tight offence of money laundering in the prosecution of those accused of running online sportsbetting operations in the United States. Tags: money, laundering
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