Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Business Crimes BulletinKickerFeaturesTopicsCommercial LawSectionsNewsLJN Newsletters

'Promoting' Money Laundering

By Jeffrey T. Green

In the global marketplace, corporate and outside counsel are inundated with information about corruption levels in various countries, all on a generalized, country-specific level. What happens, though, if you learn that your client is regularly doing business with another company that is the subject of dark, though unsubstantiated, rumors of corruption? In addition to other potential charges, could your client also violate the money laundering statute even if it made no effort to conceal any source of funds?

A new theory of “promotion” liability under 18 U.S.C. ' 1956 (a)(1) indicates that the answer may well be “yes.” The plain language of the statute prohibits both transactions designed to conceal illegal activity, as well as transactions utilizing unlawful proceeds undertaken with “the intent to promote the carrying on of specified unlawful activity.” The concealment prong of the statute ' which prohibits hiding and legitimizing ill-gotten funds ' is the offense most often associated with money laundering. But the promotion prong poses additional, unforeseen risks to your client.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers Image

There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Transfer Tax Implications on Real Property Leases Image

The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.