This Comment argues that the Sixth Circuit should overrule McDougald. Part I discusses the purpose, process, and problems of the crime generally known as money laundering. Part I also discusses national efforts against money laundering, and in particular, the United States' efforts through Section 1956 of the Money Laundering Control Act. Part I concludes by discussing the Salinas-Citibank Affair and the probable prosecution of Citibank for money laundering violations. Part II reviews the Sixth Circuit's line of cases leading up to and including the McDougald decision. Part II also contrasts McDougald by reviewing the decisions of the United States Court of Appeals for the Third and Fourth Circuits in United States v. Carr and United States v. Campbell, respectfully, both of which addressed the same issue as McDougald but differed in their interpretations of Section 1956. Part III argues that the Sixth Circuit should overrule its decision in McDougald. The Court's holding is in direct conflict with the plain meaning of the statute as well as the statute's legislative intent. The Court's holding is also in conflict with the international community's efforts against money laundering. Finally, overruling McDougald will prevent misapplication of Section 1956 in future cases, such as the case that will most likely be born out of the Salinas-Citibank Affair.
Mathew Paulose Jr.,
United States v. McDougald: The Anathema To 18 U.S.C § 1956 And National Efforts against Money Laundering,
21 Fordham Int'l L.J. 253
Available at: http://ir.lawnet.fordham.edu/ilj/vol21/iss1/8