United States Sixth Circuit
US v. Faulkenberry, 08-4233
Conviction of defendant for securities fraud, wire fraud, money laundering, and conspiracies to commit these crimes is affirmed in part, reversed in part and remanded where: 1) sufficient proof supported defendant's wire fraud, securities fraud, and conspiracy to commit wire and securities fraud convictions; 2) defendant's money laundering conviction is reversed as, to prove a violation of money laundering pursuant to section 1956(a)(1)(B)(i), it is not enough for the government to prove merely that a transaction had a concealing effect or that the transaction was structured to conceal the nature of illicit funds, but rather, what is required is that concealment be an animating purpose of the transaction; 3) defendant's conviction for conspiracy to commit money laundering is reversed; 4) defendant's remaining claims are rejected as meritless; and 5) defendant's sentence is vacated and remanded for resentencing.
Appellate Information
- Argued 10/08/2009
- Decided 07/28/2010
- Published 07/28/2010
Judges
Court
- United States Sixth Circuit
Counsel
- For Appellant:
- Martin G. Weinberg, Nina Goodman