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In the Courts
Money Laundering Must Be Based on Net Proceeds in Seventh Circuit
In United States v. Baker, No. 05-6326/6339 (S.D. Ill. Sept. 29, 2006), the federal district court for the Southern District of Illinois held that, as a substantive rule of law in the Seventh Circuit, money laundering offenses must be based on the net, and not gross, value of the proceeds.
The defendant was convicted in a jury trial in 1999 of money laundering, engaging in illegal monetary transactions and conspiracy. Defendant filed a pro se habeas petition challenging the convictions based on United States v. Scialabba, 282 F.3d 475 (7th Cir. 2002), a gambling-related case which established the Seventh Circuit rule that money laundering offenses must be based on the net, and not gross, value of the proceeds. The district court noted that no other circuit has such a rule, but declined to limit the rule to gambling cases, holding that Scialabba established a substantive rule of law in the circuit for all money laundering cases brought under 18 U.S.C. ' 1956(a)(1). The court also held that as a substantive rule of law, Scialabba must be applied retroactively, and therefore vacated and set aside defendant's money laundering convictions. The court declined to extend Scialabba to the illegal transaction or conspiracy charges.
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