NCJ Number
174814
Date Published
1997
Length
20 pages
Annotation
After several years of comprehensively studying money laundering sentencing practices, the U.S. Sentencing Commission unanimously approved and submitted to Congress a proposed comprehensive rewrite of principal sentencing guidelines for money laundering offenses in May 1995.
Abstract
The purpose of the U.S. Sentencing Commission's amendment was to effect a major structural change in money laundering sentencing guidelines, a change that would result in guideline penalties for money laundering offenses that were more proportionate to both the seriousness of the underlying criminal conduct from which laundered funds were derived and the nature and seriousness of the money laundering conduct itself. The amendment, however, was opposed by the Department of Justice (DOJ) and was not approved by Congress. Congress directed DOJ to study Federal prosecutorial charging and plea practices affecting money laundering offenses and to include a description of steps taken to ensure consistency and appropriateness in the use of money laundering statutes. In its comments on DOJ's study, the U.S. Sentencing Commission identifies the nature and source of some of the continuing problems with current sentencing policies for money laundering offenses and explains why a revised guideline structure is needed. The U.S. Sentencing Commission's objectives of deriving more consistent, effective, and fair sentencing policies for money laundering offenses are explained. In addition, the U.S. Sentencing Commission comments on salient aspects of DOJ's study in light of sentencing data and case law. Attachments contain data on offense levels for money laundering conduct and underlying conduct, fraud and money laundering, and prosecutions under the U.S. money laundering law. 44 footnotes and 5 tables