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Correspondence · March 23, 2007

2007 email chain among federal prosecutors on money laundering legal theory

Email chain in which Assistant U.S. an official and colleagues discuss case law on currency transaction reporting liability.Machine-written summary

EFTA00179841

Villafana, Ann Marie C. (USAFLS)

From:
Sent:
To:
Subject:

Villafana, Ann Marie C. (USAFLS)

Friday, March 23, 2007 9:22 AM

Cassella, Stefan

RE: memory lane

Thank you, thank you, thank you!

A. Marie Villafaña

Assistant U.S. Attorney

500 S. Australian Ave, Ste 400

West Palm Beach, FL 33401

561 820-8711

Fax 561 820-8777

ann.marie.c.villafana@usdoj.gov

From:Cassella, Stefan
Sent:Thursday, March 22, 2007 5:24 PM
To:Villafana, Ann Marie C. (USAFLS)
Subject:FW: memory lane

FYI

Stef

From:Harbin, Harry
Sent:Thursday, March 22, 2007 4:46 PM
To:Cassella, Stefan
Subject:RE: memory lane

Your memory is correct:

United States Tobon-Builes, 706 F.2d 1092 (11th Cir. 1982) Conviction aff’d. Tobon’s criminal liability stems not from any duty on his part to file CTRs but from his willful act of concealment of material facts so as to cause financial institutions to fail in their duty to file. The panel found support for this holding in 18 U.S.C. § 2(b) under which a person is punishable as a principal if they cause an unwitting and therefore innocent intermediary to commit the offense.

An authority of more general application is 18 USC §2(b) on which Tobon-Builes relied – which is a bit different from the “aiding and abetting” principal embodied in §2(a).

Harry

From:Cassella, Stefan
Sent:Thursday, March 22, 2007 4:37 PM
To:Harbin, Harry
Subject:memory lane

Harry,

211

EFTA00179842

Am I correct that Tobon-Builes was the 11th Circuit case holding that a smurf could be convicted of causing (aiding and abetting) a financial institution to fail to file a CTR? Do you think that an AUSA in Florida could rely on that case to argue that a person using a money remitter to send money from New York to Florida to finance a prostitution offense is guilty of causing the remitter to violate 1960b1C?

Stef

2007 email chain among federal prosecutors on money laundering legal theory

Emails and letters

Email chain in which Assistant U.S. an official and colleagues discuss case law on currency transaction reporting liability.

DOJ Epstein Files, Data Set 9 · March 23, 2007

EFTA00179841 Villafana, Ann Marie C. (USAFLS) <table <tr <td From:</td </tr <tr <td Sent:</td </tr <tr <td To:</td </tr <tr <td Subject:</td </tr </table Villafana, Ann Marie C. (USAFLS) Friday, March 23, 2007 9:22 AM Cassella, Stefan RE: memory lane Thank you, thank you, thank you! A. Marie Villafaña Assistant U.S. Attorney 500 S. Australian Ave, Ste 400 West Palm Beach, FL 33401 561 820-8711 Fax 561 820-8777 ann.marie.c.villafana@usdoj.gov <table border="1" <tr <td From:</td <td Cassella, Stefan</td </tr <tr <td Sent:</td <td Thursday, March 22, 2007 5:24 PM</td </tr <tr <td To:</td <td Vill…