Crime, Art, Sports, and Judge De Sanctis: An Update

De SanctisLast September, the Law School hosted a lecture by the Hon. Fausto Martin De Sanctis, a distinguished federal judge from Brazil. A former fellow at the Federal Judicial Center in Washington D.C. (2012), Judge De Sanctis has spearheaded Brazil’s efforts to crackdown on international and domestic money laundering, among other crimes. In his lecture, Judge De Sanctis described how museum-quality art served as a medium for laundering cash that left only a scant trail for investigators to follow. It is, he said, an international problem that cries for international solutions.

Judge De Sanctis has now published a book on this intricate topic, Money Laundering Through Art: A Criminal Justice Perspective (Springer, 2013).Central to Judge De Sanctis’s argument is the need to lift the secrecy that shrouds many art transactions. While art dealers proclaim the need for confidentiality and the cultivation of a mystique, law enforcement contends that this same secrecy facilitates crime and fraud. The complexities of these crimes, including references to Judge De Sanctis and his (then forthcoming) book, were recently canvassed by the New York Times in a May 2013 story. (See link)

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Legal Education’s Loss and the Problem with CLE

Late last week David Hass, Wisconsin’s Director of Judicial Education, died unexpectedly. For 16 years Dave coordinated an innovative variety of excellent programs that updated judges on important developments while deepening their understanding of core legal principles. Dave was a warm, gracious man who will be missed.

Dave’s passing is an opportunity to reflect briefly on the sharp contrast between continuing education for judges and lawyers. My modest observations are informed by nearly thirty years of teaching to both groups and by my current perspective as chair of the Wisconsin Board of Bar Examiners, which regulates continuing lawyer education (CLE).

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Lessons from Zimmerman?

Predictably, the Zimmerman verdict has triggered headlines, sharp controversy, and protests. This was bound to happen regardless of whether he was acquitted or convicted. I leave it for others to tell us about the grand lessons this trial teaches about race, violence, and firearms. I will note, however, that the trial was not about any of these larger themes, and the jury’s verdict spoke only about Zimmerman’s conduct when he shot Trayvon Martin to death. It was not, in short, a show trial of any sort.

The trial’s meaning for me reaches backward and forward in time. It reaches backward to a moment in my professional life when I was on the receiving end of the same verdict as a prosecutor–an acquittal in a highly publicized murder case in which the defendant claimed self-defense. Looking forward its lessons will undoubtedly permeate my One-L Criminal Law class in fall (students are hereby placed on notice). The lesson is not one that dwells on the sensational publicity the Zimmerman trial garnered or the emotional devastation suffered by the Martin family, but rather on its banality as an exemplar of a criminal trial–how it illustrates work-a-day principles relating to the definition of crimes, the elements of defenses, and, most important, the burdens of proof.

Zimmerman’s defense lawyer was quoted as saying “We proved George Zimmerman was not guilty.” Assuming a correct quote, the statement is nonsense on about every level. The defense proved no such thing and was under no duty to do so.

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