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In The Courts
Conspiracy to Launder Money in Violation of 18 U.S.C. ' 1956(h) Does Not Require Proof of an Overt Act
In Whitfield v. United States, No. 03-1293 (U.S. Jan. 11, 2005) the Supreme Court held that conspiracy to launder money in violation of 18 U.S.C. ' 1956(h) does not require proof of an overt act in furtherance of the conspiracy. Section 1956(h) provides: “Any person who conspires to commit any offense defined in [section 1956] or section 1957 shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.” Section 1956 penalizes the knowing and intentional transfer of proceeds from specified unlawful conduct, while section 1957 penalizes those who knowingly engage in transactions involving criminally derived property exceeding $10,000 in value.
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