FINDLAW:Daily Opinion Summaries for U.S. Supreme Court - 6/02/08

ATTORNEY’S FEES, GOVERNMENT CONTRACTS, GOVERNMENT LAW, IMMIGRATION LAW, LABOR & EMPLOYMENT LAW

Richlin Sec. Serv. Co. v. Chertoff, No. 06-1717
A prevailing party that satisfies the Equal Access to Justice Act’s (EAJA) other requirements may recover its paralegal fees from the government at prevailing market rates, and is not limited to their cost to the party’s attorney.

 

 

CRIMINAL LAW & PROCEDURE, EVIDENCE, GAMING LAW

US v. Santos, No. 06-1005
A judgment vacating defendants’ convictions for violating the federal money-laundering statute is affirmed. Four Justices joined in finding that the term “proceeds” in the federal money-laundering statute, 18 U.S.C. section 1956(a)(1), means “profits,” and not “receipts.” Another Justice joined in the judgment, opining that revenue which a gambling business uses to pay essential operating expenses is not “proceeds” under the statute.

 

 

CRIMINAL LAW & PROCEDURE, EVIDENCE

Cuellar v. US, No. 06-1456
The federal money laundering statute, 18 U.S.C. section 1956(a)(2)(B)(i) does not require proof that a defendant attempted to “legitimize” tainted funds, but the government must demonstrate that a defendant did more than merely hide the money during its transport.

Posted in Cases of Interest.

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