United States v. Fares

95 F. App'x 379
CourtCourt of Appeals for the Second Circuit
DecidedApril 22, 2004
DocketNos. 03-1233(Lead), 03-1246(Con)
StatusPublished

This text of 95 F. App'x 379 (United States v. Fares) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second 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. Fares, 95 F. App'x 379 (2d Cir. 2004).

Opinion

SUMMARY ORDER

AFTER ARGUMENT AND UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the District Court is hereby AFFIRMED.

Defendant-Appellant Mohammed Fares (“Fares”) appeals from a April 10, 2003 judgment of the United States District Court for the Southern District of New York (William H. Pauley, III, Judge) convicting him, after a jury trial, of conspiring to launder money in violation of 18 U.S.C. § 1956(h), conspiring to structure bank deposits in violation of 18 U.S.C. § 371, and structuring bank deposits in violation of 31 U.S.C. § 5324(a)(3) and (d)(2) and 18 U.S.C. § 2. Fares was sentenced primarily to a term of 121 months’ imprisonment. Defendant-Appellant Halime Fares Cristo (“Cristo”) appeals from a judgment of conviction entered on April 10, 2003 in the United States District Court for the Southern District of New York (William H. Pauley, III, Judge) after a separate jury trial. Cristo was convicted of conspiring to launder money in violation of 18 U.S.C. § 1956(h) and conspiring to structure bank deposits in violation of 18 U.S.C. § 371, and was sentenced primarily to a term of 87 months’ imprisonment.

Cristo argues that her conviction for conspiracy to launder money should be reversed because the government’s evidence was insufficient to show that the funds at issue were in fact the proceeds of narcotics trafficking and was also insufficient to show that Cristo knew that the funds were the proceeds of narcotics trafficking. “[A] defendant making an insufficiency claim bears a very heavy burden.” United States v. Desena, 287 F.3d 170, 177 (2d Cir.2002). To succeed on her claim, Cristo “must show that no rational trier of fact, viewing the evidence in the light most favorable to the government, could have found [her] guilty beyond a reasonable doubt of the essential elements of the crimes charged.” Id. at 176. In reviewing a sufficiency challenge, we “resolve all inferences from the evidence and issues of credibility in favor of the [guilty] verdict.” United States v. Howard, 214 F.3d 361, 363 (2d Cir.), cert. denied, 531 U.S. 909, 121 S.Ct. 258, 148 L.Ed.2d 187 (2000).

Cristo was convicted of conspiring to launder money in violation of 18 U.S.C. § 1956(h), with the object of the conspira[382]*382cy being the violation of 18 U.S.C. § 1956(a)(2)(B)© — the so-called “international” prong of the money laundering statute. As the government acknowledges, there is some lack of clarity regarding the elements of § 1956(a)(2)(B)®. We decline to resolve those issues in the present case because even under the reading of the statute that is most favorable to Cristo, there was ample evidence presented at trial supporting her conviction of conspiring to violate § 1956(a)(2)(B)®. In particular, we find that there was sufficient evidence that 1) Cristo agreed to launder and did launder money that was in fact the proceeds of narcotics trafficking- and 2) Cristo knew, or consciously avoided knowing, that she was laundering the proceeds of narcotics trafficking.

With respect to the first issue, the evidence showed that in a one year period, Cristo and her cousin received over $7 million in small bills from a person named Chaitilly and deposited them into their personal and corporate banking accounts. These funds were delivered in large bags, suitcases, and backpacks from a number of different people, some of whom they did not know. They were instructed to make deposits of less than $10,000 “so there would be no [government] investigation about the companies” into which the deposits were made. They were frequently contacted by Chaitilly from Panama or Columbia and instructed to transfer large amounts of money to entities in Latin and South America. All of these activities were consistent with the practices of an international money laundering scheme used by Columbian narcotics traffickers known as the “Black Market Peso Exchange.” Viewing the evidence in the light most favorable to the government, the evidence supports a finding that the deposited funds were the proceeds of narcotics trafficking.

The evidence also supports a finding that Cristo herself knew, or was willfully blind to, the fact that the money was derived from narcotics trafficking. She was present when Chaitilly explained the details of his money laundering business and the need to structure bank deposits to evade reporting requirements. Cristo received half of the 3%-5% commission she and her cousin were provided for depositing funds for Chaitilly. Cristo had even been told at one point by her cousin that the money they received from Chaitilly could be “drug money.” Her response— “we don’t know if it’s drug money, it was not drug money” and “we don’t care about that. We just receive the money, we deposit it in, and we make a eheck[], so we’re not doing any harm” — is strongly indicative of conscious avoidance. Cristo’s own appeal brief appears to concede that someone in her circumstances should have known at least that the funds were from an illegal source: “Certainly the amount of cash and the structuring of deposits would alert a reasonable person to the likelihood that the money was the proceeds of some illegal activity.” Viewing this evidence in the light most favorable to the government, the evidence establishes Cristo’s knowledge or conscious avoidance of the fact that the money was from narcotics trafficking.

Cristo argues also that her convictions should be reversed because she was denied due process and a fair trial by the government’s summation, in which it called aspects of her testimony “preposterous,” a “he,” an “obvious he,” and a “ridiculous lie.” Cristo did not object to the comments at trial and thus we review for plain error. See United States v. Cotton, 535 U.S. 625, 631, 122 S.Ct. 1781, 152 L.Ed.2d 860 (2002). We conclude that the government’s summation remarks are not grounds for reversal. See United States v. [383]*383Rivera, 22 F.3d 430, 437 (2d Cir.1994) (“If the defendant failed to make timely objection to a statement contained in the prosecutor’s summation, the statement will not be deemed a ground for reversal unless it amounts to a ‘flagrant abuse.’ ”); United States v. Peterson, 808 F.2d 969

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Related

United States v. Cotton
535 U.S. 625 (Supreme Court, 2002)
United States v. Nancy Peterson
808 F.2d 969 (Second Circuit, 1987)
United States v. Brian Studley
47 F.3d 569 (Second Circuit, 1995)
United States v. Alan Finkelstein
229 F.3d 90 (Second Circuit, 2000)
United States v. Desena
287 F.3d 170 (Second Circuit, 2002)
United States v. Howard
214 F.3d 361 (Second Circuit, 2000)
Chae Wan Chon v. United States
531 U.S. 910 (Supreme Court, 2000)

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Bluebook (online)
95 F. App'x 379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-fares-ca2-2004.