Friday, August 11, 2006

Defendant Not Guilty of Forgery or Money Laundering Where He Signed Own Name to Checks

U.S. v. Hunt, --- F.3d ----, 2006 WL 2280243 (10th Cir., August 09, 2006)

“With great reluctance,” the 10th, in an opinion authored by J. McConnell, vacated the conviction and ordered a judgment of acquittal be entered against a D convicted on 106 counts of forgery and money laundering involving more than $2 million. Why? Because the D used his own name and accurately identified himself and his employer on the checks and therefore did not commit forgery. (Convictions for money laundering were dependant on his being convicted for forgery). While he embezzled, committed fraud, and engaged in “brazen obstruction of justice,” he did not forge securities, the charges the government elected to pursue. Read the opinion for a lengthy and scholarly discussion of forgery at common law, and legislative intent re: the forged security statutes under which D was prosecuted.