Updates in Law

United States Court of Appeals, 11th Circuit, Oct. 26, 2009

United States -vs.- Velez

The U.S. Court of Appeals stated that "monetary transactions made for the purpose of securing legal representation pursuant to, and in furtherance of obtaining a lawyer for representation at the time of trial in a criminal action, is protected under the 6th Amendment to the Federal Constitution. Such transactions are exempt from criminal penalties under Section 1957 (f)(1) i.e. money laundering.

Thus a defendant may transfer and pay over to an attorney monies which a government agency may characterize as "suspect" and alleged to be the product of "illicit activities" without violating the above money laundering statutes. - Judge Barkett









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