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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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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