Monday, October 26, 2009

Eleventh Circuit Upholds Dismissal of Count One in Kuehne Case

No surprises in the Eleventh Circuit opinion affirming the trial court's dismissal of Count One in the Ben Kuehne case.  The nine page opinion authored by Hon. Barkett, and joined by Hon. Hull and Quist provides a quick response to the government's contention that 18 U.S.C. 1957 (f)(1) was "nullified" by the Court's decision in Caplin & Drysdale - not so. The court states:

It would therefore make little sense- and would be entirely superfluous-to read ยง 1957(f)(1) as an exemption from criminal penalties for non-tainted proceeds spent on legal representation, as those funds can always be used for any legal purpose. We do not believe Congress intended such an absurd result ...

See also David Oscar Markus, Southern District of Florida Blog here.  For background see here and here.

(esp)(w/ a hat tip to Joe Beeler)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2009/10/eleventh-circuit-upholds-dismissal-of-count-one-in-kuehne-case-.html

Defense Counsel, Judicial Opinions | Permalink

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