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: Defense Newsletter Blog

Velez: Criminal Defense attorney transactions exempt

By Tim Cone

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In U.S. v. Velez, No. 09-10199 (Oct. 26, 2009), the Court affirmed the district court?s dismissal of a money-laundering count in a prosecution against a criminal defense lawyer, in which the government charged that the lawyer approved of the transfer of funds for a drug dealer?s defense knowing that they were derived from criminal activity.The Court relied on 18 U.S.C. § 1957(f), which exempts from money-laundering prosecution "any transaction necessary to preserve a person?s representation as guaranteed by the sixth amendment." The Court rejected the government?s argument that the plain meaning of this statute had been modified by a subsequent Supreme Court decision. The Court pointed out that this decision involved a different, civil forfeiture statute...continue to full post

Full post as published by Defense Newsletter Blog on October 27, 2009 (boomark / email).

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