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UNITED STATES of America, Plaintiff-Appellee, v. Adedayo Omokayode AKINTOBI and Olugbenga Olusoji Ani, Defendants-Appellants

Citations: 159 F.3d 401; 98 Daily Journal DAR 11017; 98 Cal. Daily Op. Serv. 7927; 1998 U.S. App. LEXIS 26871; 1998 WL 734386Docket: 97-50452, 97-50453

Court: Court of Appeals for the Ninth Circuit; October 22, 1998; Federal Appellate Court

Narrative Opinion Summary

This case involves defendants challenging their convictions for money laundering under 18 U.S.C. § 1956(a)(1)(A)(i). The defendants, having pleaded guilty to multiple charges under a plea agreement, reserved the right to appeal the money laundering charges. They were implicated in a scheme involving stolen credit card information, which they used to open checking accounts and issue 'booster' checks drawn on depleted accounts to pay off credit card balances. The appellants moved to dismiss the money laundering charges, arguing that the checks were worthless and not proceeds of illegal activity. However, the district court denied this motion, leading to an appeal. The court evaluated whether the actions constituted money laundering, focusing on the statutory definition of 'proceeds' and 'financial transactions.' It concluded that the checks, despite lacking intrinsic value, qualified as proceeds since they were derived from criminal activities and intended to promote further fraud. The court affirmed the district court's decision, finding that the defendants' transactions fell within the broad scope of financial activities under the statute, thus upholding the money laundering convictions.

Legal Issues Addressed

Definition of 'Proceeds' in Money Laundering Statute

Application: The term 'proceeds' includes any product or derived result from transactions, including fraudulently obtained credit, regardless of the intrinsic value of the items involved.

Reasoning: The term 'proceeds' is not explicitly defined in the money laundering statute, leading courts to interpret it based on its common meaning. According to dictionary definitions, 'proceeds' refers broadly to what is produced or derived from transactions.

Financial Transaction Involving Proceeds

Application: Even if checks lack funds, they can be considered proceeds under the statute if they result from criminal acts and affect interstate commerce.

Reasoning: The statute defines 'financial transaction' broadly, encompassing any transaction that affects interstate or foreign commerce, including those involving monetary instruments like personal checks.

Money Laundering Under 18 U.S.C. § 1956(a)(1)(A)(i)

Application: The legal principle requires that defendants engage in financial transactions involving proceeds from unlawful activities with intent to promote further unlawful activities.

Reasoning: To establish a violation of 18 U.S.C. 1956(a)(1)(A)(i) for money laundering, the government must demonstrate that the defendant engaged in a financial transaction involving proceeds from unlawful activities, with the intent to promote further unlawful activities.

Worthlessness of Proceeds Argument

Application: The court rejected the argument that worthless checks cannot be proceeds, as the statute does not require proceeds to have intrinsic value.

Reasoning: Akintobi and Ani contend that the checks involved should not be considered proceeds of criminal activity because they were worthless. However, the statute does not require proceeds to have intrinsic value; the checks were the result of criminal acts and had the capacity to deceive credit card companies.