Facts of the Case
Federal district courts convicted David Whitfield and Haywood Hall of conspiracy to commit money laundering. They appealed and argued the federal money laundering law required the jury to have found proof of an "overt act" furthering the conspiracy. The 11th Circuit Court of Appeals rejected this argument, reasoning that the law lacked any language requiring proof of an overt act. Other federal appeals courts had ruled the law did require an overt act.
Questions
Did a conviction for conspiracy to commit money laundering, in violation of 18 U.S.C. 1956(h), require proof of an overt act furthering the conspiracy?
Conclusions
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No. Justice Sandra Day O'Connor delivered the Court's unanimous ruling that because the federal money laundering law's text did not expressly make committing an overt act an element of the conspiracy offense, the government did not need to prove such an act.
Bank Robbery and Kidnapping -- Whitfield v. United States - Podcast
Criminal Law & Procedure Practice Group Podcast
In 2008, Larry Whitfield attempted to rob a credit union. In the aftermath of the...
