United States v. Albion Norman

143 F.3d 375, 1998 U.S. App. LEXIS 7784, 1998 WL 191147
CourtCourt of Appeals for the Eighth Circuit
DecidedApril 23, 1998
Docket97-3551
StatusPublished
Cited by23 cases

This text of 143 F.3d 375 (United States v. Albion Norman) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Albion Norman, 143 F.3d 375, 1998 U.S. App. LEXIS 7784, 1998 WL 191147 (8th Cir. 1998).

Opinion

RICHARD S. ARNOLD, Chief Judge.

Dr. Albion A. Norman, Jr., was convicted after a jury trial of two counts of wire fraud, in violation of 18 U.S.C. § 1343 (1994), two counts of transportation of stolen property, in violation of 18 U.S.C. § 2314 (1994), four counts of engaging in monetary transactions derived from unlawful activity, in violation of 18 U.S.C. § 1957 (1994), and seventeen counts of money laundering, in violation of 18 U.S.C. § 1956(a)(l)(Bj(i) (1994). The District Court 2 sentenced Norman to 109 months (12 years and one month) in prison, and he appeals. Norman contends, among other things, that he cannot be found guilty of money laundering because he used his own name and made no effort to conceal his identity in the transactions that are the basis of the money-laundering charges. We reject this contention, as well as other arguments made on appeal, and affirm the convictions and sentence.

Norman’s first argument has to do with count VIII, one of the counts charging that he engaged in monetary transactions derived from unlawful activity. This case revolves around funds on deposit in a Florida bank, amounting initially to some $9,225,-000.00. It is sufficient for present purposes to know that the evidence tended to show that the money belonged not to Norman but to the Ferncliff Cemetery Association of Hartsdale, New York, and that Norman knew this. (We recount the facts in the light most favorable to the jury’s verdict.) With *377 out the authority or knowledge of the true owner, Norman caused or attempted to cause certain funds, amounting ultimately to the entire $9,225,000.00, to be transferred into other accounts under his control.

The particular transaction charged in count VIII was the attempt by Norman to transfer the then-remaining balance in the account, amounting to $7,980,993.78. If the transfer had taken place, the money would have gone to an account in another bank in the name of entities controlled by Norman and his associates. Norman’s defense is that the bank in which the funds were originally deposited had asked that this transfer be made. The bank wanted the account closed. Defendant argues that he cannot be guilty of a crime for following the directions of the bank. We disagree. The particular motive or cause that led Norman to attempt the transfer is not material. The point is that the money did not belong to Norman, and that he had no authority to direct that it be transferred to an account under his own control.

Norman’s next argument has to do with the seventeen money-laundering counts. In order to place the argument in an understandable context, we state the facts of one of these counts. Using part of the money that had earlier been transferred from the account in the Florida bank, Norman bought a blue 1993 Range Rover for $47,790.00. He paid for the car with a cheek drawn on an account of a business he controlled, and the car was titled in the name of the same business. Norman made no attempt to conceal from the seller of the ear his own identity, or the fact that he owned the business that was to become the owner of the car. This absence of concealment, he now argues, prevents him from being convicted of money laundering.

The relevant statute, 18 U.S.C. § 1956(a)(l)(B)(i), provides as follows:

(a)(1) Whoever, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activity—
******
(B) knowing that the transaction is designed in whole or in part—
(i) to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; ...

The statute does not require that there be any intention or design to conceal the identity of the person dealing with the property. It requires, instead, that a defendant know that the transaction is designed in whole or in part to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity. There is no contention that the money used to buy the ear was not the proceeds of specified unlawful activity. The contention is, rather, that there was no proof that Norman intended to disguise the nature, location, source, ownership, or control of the money. We • disagree. The point is not whether the seller of the car is deceived as to who Norman was, but rather that by changing the proceeds of unlawful activity from the form of money (or, more properly, a bank account) — through the use of other, undisclosed business accounts — into the form of an automobile, Norman made it more difficult for the true owner of the money to trace what had happened to it.

Under our cases, this is sufficient to make out a violation of the statute. See United States v. Nattier, 127 F.3d 655 (8th Cir.1997), cert. denied, — U.S. -, 118 S.Ct. 1398, 140 L.Ed.2d 656 (1998), where we said:

Second, Nattier and Coley [the defendants] contend that their actions did not demonstrate an intent to conceal their identity and relationship to the funds because they were readily identifiable as officers of the corporation through which they were spending the funds. Regardless of whether Nattier and Coley attempted to conceal their ownership of or relationship to the funds, their intent to conceal the nature or source of the funds within the meaning of section 1956(a)(l)(B)(i) was evident____
*378 [EJven though the defendants did not use false names in an attempt to conceal their identity, they used their legitimate real estate business and Nattier’s father in an attempt to conceal the source of the funds within the meaning of subsection (a)(l)(B)(i)....
In the present case ... the defendants first deposited the embezzled Mercantile Bank’s checks in IRI’s business bank account and then invested the illegal proceeds in property by drawing checks on IRI’s account, thus representing the illegal proceeds as funds of their legitimate business. Additionally, Nattier transferred some of the illegal funds from IRI’s account to the Texas bank account and represented the funds as money borrowed from his father.

Id. at 659.

Norman relies on United States v. Rockelman, 49 F.3d 418 (8th Cir.1995), but we believe the case is distinguishable. There, the defendant purchased a cabin with cash derived from his drug sales, in person.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Dvorak
617 F.3d 1017 (Eighth Circuit, 2010)
United States v. Spencer
592 F.3d 866 (Eighth Circuit, 2010)
United States v. Hall
434 F.3d 42 (First Circuit, 2006)
United States v. Worley
219 F. Supp. 2d 589 (D. Delaware, 2002)
United States v. Christopher Marshall
248 F.3d 525 (Sixth Circuit, 2001)
United States v. Ray L. Bowman
Eighth Circuit, 2000
United States of America v. Charles I. Covey
232 F.3d 641 (Eighth Circuit, 2000)
United States v. David Alan Shoff
151 F.3d 889 (Eighth Circuit, 1998)
United States v. William C. Pugh
151 F.3d 799 (Eighth Circuit, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
143 F.3d 375, 1998 U.S. App. LEXIS 7784, 1998 WL 191147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-albion-norman-ca8-1998.