Defendant’s check disbursing funds from wire fraud scheme to co-defendant is insufficient to show concealment element of money laundering

SUFFICIENCY OF EVIDENCE United States v. Caldwell (Gayle), No. 07-6254, ___ F.3d ___ (10th Cir. Mar. 30, 2009)(W.D. Oklahoma). Appeal of convictions for wire fraud and money laundering arising from scheme involving mortgage loan fraud in violation of 18 U.S.C. §§ 1343 and 1956(a)(1)(B)(i). HELD: Under circumstances where defendant’s marketing company received funds from wire fraud scheme, no reasonable juror could have found beyond reasonable doubt that check from defendant’s company to her co-defendant husband was designed in whole or in part to conceal or disguise ownership or control of proceeds of wire fraud. Quick disbursement confirmed that funds were always intended to go to other participants in scheme and whole point of using defendant’s company to hold and disburse funds was to make it appear that company had earned the money. Money laundering conviction reversed. Read the opinion here.