NCJ Number
117179
Journal
Law and Contemporary Problems Volume: 51 Issue: 1 Dated: (Winter 1988) Pages: 369-386
Date Published
1988
Length
18 pages
Annotation
In an attempt to combat drug trafficking and organized crime, Congress passed provisions that make money laundering a Federal crime with substantial penalties, together with forfeiture provisions that subject all profits derived from money laundering schemes to seizure.
Abstract
If Congress, intended to subject attorneys who accept bona fide legal representation fees with the knowledge that the money came from an illegal enterprise to criminal penalties under the Money Laundering Control Act, then the constitutionality of this legislation is highly questionable. Although Congress considered this constitutional objection, the legislative history of the Act indicates a failure to resolve this issue, and the Act is silent on the matter. The Justice Department has argued that attorneys are subject to the provisions, while the National Association of Criminal Defense Lawyers has espoused the opposing position. Because the history of the Act is ambiguous and congressional intent cannot be determined, the court should uphold the statute only if it exempts from its provisions attorneys who accept bona fide representation fees. To do otherwise would be to violate clients' rights to counsel, counsel of choice, and effective assistance of counsel and would undermine the present adversary system. 120 footnotes.