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United States V. Santos: The U.S. Supreme Court Rewrites The Money Laundering Statute, Stefan D. Cassella
United States V. Santos: The U.S. Supreme Court Rewrites The Money Laundering Statute, Stefan D. Cassella
Stefan D Cassella
The United States Supreme Court has upset decades of money laundering case law, by construing the term “proceeds” to mean “net profits” instead of “gross receipts” in at least some money laundering cases. In the resulting confusion, lower courts have struggled to determine when the Court’s ruling applies, and how the Government may satisfy the “profits” requirement when it must do so. This article discusses the Court’s decision in United States v. Santos and the problems that it has created, and attempts to make sense of the post-Santos case law.
Criminal Forfeiture Procedure In 2009: A Survey Of Developments In The Case Law, Stefan D. Cassella
Criminal Forfeiture Procedure In 2009: A Survey Of Developments In The Case Law, Stefan D. Cassella
Stefan D Cassella
This article collects all of the cases decided in the past year dealing with the procedure for incorporating asset forfeiture in a federal criminal case, including the order of forfeiture in the defendant's sentence, and resolving the claims of third parties.