ILNews

SCOTUS to hear money-laundering case

Michael W. Hoskins
January 1, 2007
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The Supreme Court of the United States today agreed to take a case out of East Chicago in order to clarify the definition of money laundering.

Federal circuit courts, including the 7th Circuit in Chicago, do not agree on an exact definition and have disagreed about whether it ;s considered money laundering to pay for the operation of a criminal enterprise with the profits of that illegal business. The nation ;s high court will determine whether the ban on the use of "proceeds" of a crime to promote or conceal it - that is, "laundering" the proceeds - applies to the total amount of money or only the profits after expenses.

The U.S. Solicitor General ;s Office in Washington, D.C., filed a petition for writ of certiorari late last year in U.S. v. Efrain Santos and Benedicto Dias, which involves the federal prosecution of an old tavern lottery raid where Santos – known as "Puerto Rican Frankie" – was arrested for running the illegal operation throughout the region from the 1970s to 1994.

Santos was sentenced to 17 years in prison in 1998, but he was later released after the 7th Circuit heard two other cases in 2000 and 2002 and issued rulings that changed the interpretation of money laundering. Following those decisions, U.S. District Judge James Moody in Hammond ruled that Santos ; actions were no longer considered money laundering because of an interpretation of "net proceedings" and "gross proceeds" in federal laws.
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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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