Supreme Court Raises Doubts About the Money-Laundering Trap

The federal money-laundering statute prohibits both the concealment of proceeds from crime and the use of such proceeds to promote illegal activities.  While designed primarily with drug kingpins in mind, the statute’s broad language can easily become a trap for low-level criminals doing fairly routine things.  (I posted recently on a good example of an aggressive use of the money-laundering statute.)  Expansive readings of the statute mean that the penalties attached by Congress to many predicate offenses become meaningless, as nearly everyone becomes subject to the twenty-year maximum prison term triggered by a money-laundering conviction.  Responding to this concern, the Supreme Court recently adopted narrow constructions of the money-laundering statute in two cases, United States v. Santos, 128 S.Ct. 2020 (2008), and Cuellar v. United States, 128 S.Ct. 1994 (2008).  The cases may point the way towards a more discriminating money-laundering jurisprudence that attempts to reserve the harsh penalties of the statute for the most deserving defendants.

Continue ReadingSupreme Court Raises Doubts About the Money-Laundering Trap

Centennial Symposium: Origins of Marquette Law School

This afternoon in Eisenberg Hall, three distinguished scholars kicked off the first installment of the Centennial Symposia celebrating the 100th anniversary of Marquette University’s acquisition of the Milwaukee Law School and the Milwaukee University Law School.  (A podcast is here.) This session, entitled “The Origins of Marquette University Law School,” featured Joseph A. Ranney, a legal historian, shareholder in DeWitt Ross & Stevens S.C., and adjunct professor at the Law School; Professor J. Gordon Hylton of the Law School (who is organizing the symposia); and Dr. Thomas J. Jablonsky, the Harry G. John Professor of Urban Studies at Marquette. 

Continue ReadingCentennial Symposium: Origins of Marquette Law School

Your Reputation Bank Account

I am linking here to an interesting article from the ABA Journal last week pointing out that a lawyer’s reputation is much like your savings account-add a little to it each year and it can make you rich over time.  I like this framework of reputation for two reasons:  One, it suggests that a good reputation is worth money in the bank.  We know anecdotally and from laboratory studies that this is true.  Second, the idea of savings in a bank account is a great analogy in terms of reminding lawyers that every little thing they do can help or hurt that reputation.  It’s not just the end of year bonuses that add to your savings, it’s the monthly deposits as well.  Similarly, it’s not just the grand gestures in large negotiations that make your reputation, it’s how you act on a daily basis with your counterparts  Although the book referred to in the ABA Journal is for young lawyers, I think this provides good advice all around!

Cross posted on Indisputably.

Continue ReadingYour Reputation Bank Account