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In the Courts
Supreme Court Sides with Defendants in Federal Money-Laundering Cases
The Supreme Court recently issued two opinions interpreting federal money-laundering statutes in favor of the criminal defendants. Justice Thomas, writing for a unanimous Court in Cuellar v. United States, No. 06-1456, slip op. (U.S. June 2, 2008), available at http://www.supremecourtus.gov/ opinions/07pdf/06-1456.pdf, held that the government must show that a defendant did more than just conceal money during transport to support a conviction under 18 U.S.C. ' 1956(a)(2)(B)(i), which prohibits international transportation of proceeds from unlawful activity. The petitioner was charged with attempting to transport the proceeds of unlawful activity across the border, knowing that the transportation was designed 'to conceal or disguise the nature, the location, the source, the ownership, or the control' of the money. 18 U.S.C. ' 1956(a)(2)(B)(i).
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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'Insurable Interest' and the Scope of First-Party Coverage
This article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.