Does the need to conceal the identity of the money-launderer constitute concealment in a money laundering case?

MultiRegion, United States of America

The following excerpt is from U.S. v. Tekle, 329 F.3d 1108 (9th Cir. 2003):

The necessary concealment, however, is that of the source of the funds, not the identity of the money-launderer. Two other circuits have so recognized. See, e.g., Hollenback v. United States, 987 F.2d 1272, 1278-80 (7th Cir.1993); United States v. Lovett, 964 F.2d 1029, 1034 (10th Cir.1992). Although we have not decided that question under the money-laundering provision at issue here, we have held under the closely related intent requirement of another money-laundering provision, 18 U.S.C. 1956(a)(3) that the fact that the defendants did not attempt to disguise their identity did not "negate their intent to conceal." United States v. Manarite, 44 F.3d 1407, 1416 (9th Cir.1995). We distinguished United States v. Sanders, 928 F.2d 940 (10th Cir.1991), as a case where "the defendant engaged in ordinary commercial transactions with cash that happened to be the proceeds of drug dealing," rather than in transactions that were "engaged in for the purpose of concealing assets." Manarite, 44 F.3d at 1416 (citation and internal quotation marks omitted).

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