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United States v. Velez

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[PUBLISH]

Before BARKETT and HULL, Circuit Judges, and QUIST,*fn1 District Judge.

The United States Government appeals the dismissal of Count One of its indictment against Gloria Florez Velez, Benedict P. Kuehne, and Oscar Saldarriaga Ochoa (“Saldarriaga”) (collectively “Defendants”), in which the Government charged Defendants with money laundering in violation of 18 U.S.C. §§ 1956(h) and 1957.*fn2 The district court dismissed Count One on the ground that Defendants are exempt from criminal prosecution under § 1957(a) because the plain language of § 1957(f)(1) excludes from the statute’s scope “any transaction necessary to preserve a person’s right to representation as guaranteed by the sixth amendment to the Constitution.” The parties do not dispute that the money allegedly laundered was used for the payment of legal fees. This appeal presents an issue of first impression in this circuit regarding the meaning of the exemption in § 1957(f)(1).*fn3

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