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S.D.N.Y.: Government satisfied "all records" seizure in money laundering case

By John Wesley Hall, Jr.

In a money laundering case, the government satisfied the “all record” exception to particularity of “pervaded” with fraud. United States v. D’Amico, 2010 U.S. Dist. LEXIS 83248 (S.D. N.Y. August 10, 2010): When there is probable cause to believe that an entire business is “pervaded” or “permeated” with fraud, seizure of all records of the business is appropriate, and broad language used in a search warrant will not offend the particularity requirement. See U.S. Postal Serv. v. C.E.C. Servs., 869 F.2d 184, 187 (2d Cir. 1989); Nat’l City Trading Corp. v. United States, 635 F.2d 1020, 1024-25 (2d Cir. 1980); see also United States v. Smith, No. 05-CR-293A. 2007 U.S. Dist. LEXIS 52377, at *8 (W...continue to full post

Full post as published by Fourth Amendment on August 20, 2010 (boomark / email).