FROM A
DIFFERENT ANGLE by Kenneth Rijock
DIFFERENT ANGLE by Kenneth Rijock
Financial Crime Consultant, for World-Check
Is Probation for Money Laundering too lenient?
24 August 2007
A mortgage broker who recently received a sentence of probation in US District Court in Ohio got off easy. In other districts, she would have received a sentence of imprisonment. Do light sentences for money laundering serve to deter others from committing this crime? What do you think?
Jessica Murray* is an Ohio financial professional who purchased a home from an individual who needed to launder some illicit cash. She improperly accepted US$93,000, and claimed to a lender bank that it represented her savings, and used it as a substantial down payment. Murray thereby qualified for a "no document" loan, meaning that her credit and ability to repay the loan were not considered.
The court's sentence:
Compare and contrast this case with one in the Southern District of Florida**, where the defendants laundered money for law enforcement agents who masqueraded as criminals. The sentences meted out to the defendants:
The whole purpose of the Federal Sentencing Guidelines (no longer mandatory, only advisory) was to create uniformity in sentencing. Is probation too lenient? Yes. Is 83 months to severe? You be the judge, but I would like to see the Federal courts act consistently.
________________________________________________________________________________________________________ * 06-cr-00082 (S.D. Ohio).
** 98-cr-00866 (S.D. Fla.)
The court's sentence:
- Three years' Probation.
- She surrender her mortgage-related licenses for Ohio & Indiana.
- After the sale of the residence she purchased, a fine and restitution will be imposed.
Compare and contrast this case with one in the Southern District of Florida**, where the defendants laundered money for law enforcement agents who masqueraded as criminals. The sentences meted out to the defendants:
- 83 months.
- 63 months.
- 27 months.
- 20 months.
The whole purpose of the Federal Sentencing Guidelines (no longer mandatory, only advisory) was to create uniformity in sentencing. Is probation too lenient? Yes. Is 83 months to severe? You be the judge, but I would like to see the Federal courts act consistently.
________________________________________________________________________________________________________ * 06-cr-00082 (S.D. Ohio).
** 98-cr-00866 (S.D. Fla.)
The facts and opinions stated in this article are those of the author and not those of World-Check. World-Check does not warrant the accuracy of any facts and opinions stated in this article, does not endorse them, and accepts no responsibility for them.
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