Race & Law – Page 24 – Marquette University Law School Faculty Blog

Seventh Circuit Affirms Money-Laundering, Conspiracy Convictions of Car Dealers for Cash Sales to Drug Traffickers

Post author:Michael M. O'Hear
Post published:May 7, 2012
Post category:Criminal Law & Process Federal Criminal Law & Process Public Race & Law Religion & Law Seventh Circuit

Amir Hosseini and Hossein Obaei, who operated three Chicago-area automobile dealerships, sold many luxury cars to drug dealers over a ten-year period. Hosseini and Obaei were apparently popular with this market segment because of their willingness to take large cash payments in small bills. Eventually, federal prosecutors caught up with them, and, following a five-week trial, they were convicted by a jury on 97 counts of conspiracy, money laundering, mail fraud, illegal transaction structuring, bank fraud, and aiding and abetting a drug conspiracy. The Seventh Circuit has now affirmed these convictions and the 15- and 20-year sentences that went along with them.

Had it been properly preserved, the most substantial legal issue on appeal would have been the question left open by United States v. Santos, 553 U.S. 507 (2008): whether, in a traditional money-laundering prosecution, the government must prove that the allegedly laundered proceeds are net profits, as opposed to gross receipts, of the underlying crime. (See my blog post about Santos here). However, since the Santos issue was raised for the first time on appeal, the court used plain-error review and found that the defendants could not satisfy the standard given the “unsettled state of the law.” (2)

Hosseini and Obaei also raised an interesting voir dire issue.

NAACP Leader: Photo ID Lawsuit Carries on 140 Years of Voting Rights Struggles

Post author:Alan J. Borsuk
Post published:March 11, 2012
Post category:Civil Rights Marquette Law School Milwaukee Poverty & Law Public Race & Law Speakers at Marquette

With its challenge to Wisconsin’s voter ID law, the NAACP is carrying on a struggle for voting rights that dates back to the post-Civil War era, James Hall, president of the Milwaukee branch of the NAACP, told the Law School’s Mike Gousha and an audience of more than 100 during an “On the Issues” session last week.

Hall, president of the organization since January 2011, emphasized the importance of voting and the long history in America of disenfranchising minorities and low income people by use of rules about voting. “There is so much repeating history,” he said.

The NAACP suit against the law, passed by the Wisconsin legislature in 2011 and requiring people to present an acceptable form of photo identification at the polls, led to a Dane County judge putting a halt to enforcement of the law through a temporary injunction a week ago. More legal action in that suit and other challenges to the law is expected in advance of the statewide election on April 3.

Hall, a practicing lawyer whose NAACP position is unpaid, said there were fewer than 20 prosecutions for voter fraud in Wisconsin in recent years. “Why, all of a sudden, this move to require a photo ID?” Hall said. “Certain types of people don’t have that.” Many of them are African American, he said. “In fact, it is a disenfranchisement law.”

The law was supported generally by Republicans and opposed by Democrats. Supporters said it was a sensible way to reduce chances of voter fraud, while opponents said its practical effect would be to put up barriers to voting for many low income people who don’t have drivers licenses.

Hall told Gousha that the civil rights organization, founded in 1909, remains very relevant. “across the country and particularly here in Milwaukee.” He said the city has some of the largest disparities in the country between African Americans and whites when it comes to income, employment, incarceration, and educational achievement.

Milwaukee and its leaders have not responded with the intensity that is needed to deal with the problems facing many black people in Milwaukee, Hall said. He said, “No, there is not the sense of urgency we would like.” He said the NAACP wants to work together with people from throughout the Milwaukee area in solving problems. “It is in our enlightened self-interest to address these disparities,” he said.

The Eckstein Hall session may be viewed by clicking here.

James Q. Wilson and Broken Windows Policing

Post author:David R. Papke
Post published:March 11, 2012
Post category:Criminal Law & Process Poverty & Law Public Race & Law

Media coverage of the death of conservative political scientist James Q. Wilson on March 2 correctly identified him as the originator of “broken windows policing” and blithely assumed such policing had been successful. Ross Douthat’s column in the New York Times of March 4, for example, said that Wilsonian policing had resulted in “the low crime rates that have made urban areas from Portlandia to Brooklyn safe for left-wing hipsters and Obama-voting professionals alike.”

The basic premise of “broken windows” policing is that criminals are encouraged when neighborhoods look decayed. However, if police crack down on such things as broken windows, public urination, graffiti, panhandlers, and prostitutes, neighborhood pride is restored and residents are more likely to stand up against crime. Eventually, the theory goes, criminals will get the message and give up their nefarious ways.