SCOTUS is hearing ore tenus on Cuellar v. United States 06-1456 (tinyurl.com/2pph8q) on whether and how sienter and intent of 18 USC 1956(a)(2)(B)(i) apply in money laundering when accused was merely hiding $80-Gees with no design to create the appearance of legitimate wealth is sufficient to support a money laundering conviction.
PDFs
www.abanet.org/publiced/p...tml#cuellar
Merit Brief PDF
www.ca5.uscourts.gov/opinion....wpd.pdf
PDFs
www.abanet.org/publiced/p...tml#cuellar
Merit Brief PDF
www.ca5.uscourts.gov/opinion....wpd.pdf
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Re: Money Launtering & Intent
Tue, February 26, 2008 - 8:38 PMtell me about money laundering . . . I don' t know jack about it -
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Re: Money Launtering & Intent
Wed, February 27, 2008 - 10:35 AMYou take your money out and you wash it. When you get it out of the dryer it is clean with none of the taint of drug dealing or racketeering.
It's that simple.
And in actuality o it can be. The idea is you move cash from a place where it is clearly the result of criminal activity to a place where there is no taint and then you present it as earned somehow.
You can simply put it in a bank account but you have to trickle it in or get busted. You can also inflate a legit' business' earnings with it.
You can interleave it with legit transactions as padded bills made up fees and other non existent costs.
You can disappear it, moving it through a zillion various financial institutions staggered in various sums and at various intervals. The best bank transfer game is done with the money originally placed in a bank in a country that has no transactional accounting or reporting with the USA. They eventually you move it through a series of banks to the USA where you want it.
Look at what Crazy Eddie did. He used deposits then interleaved them and then moved it around. It was almost impossible to trace.
They got him on Tax evasion. the guy actually took bags and bags of cash (US currency) from the US to the Yamit hotel in Tel Aviv.
One superb dodge do accomplish this is in the construction industry. When engaged in large scale projects things can "go missing" or be destroyed by the elements. You have to buy more It's a great way to "lose money" that you never really lost. You don't replace anything but there is all this money changing hands. The glass industry is another. Opps~!! .
There are other business that are ideal: Southbys, Art dealers, collectables of all sorts - Woo Hoo.
Don't forget the most modern laundry site there is: E-Bay~!! Yah I sold it on E-bay and got paid in cash, prove I didn't.
And then there are the really good laundering devices: Banks, Securities, Futures, Casinos, At the top of the food chain they get to fudge the numbers just about any way they want.
Stick with me son we'll have a criminal empire like the world has never known. But first you need to let me hold your money. -
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Re: Money Launtering & Intent
Wed, February 27, 2008 - 2:49 PMAnd to add the obvious: cash-heavy business are very popular with money launderers, as it so easy to interweave the dirty with the clean.
Hence the abundance of restaurants and strip clubs in the portrayal of the Mafia....
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