United States v. Isaac Marion, Sr.

418 F. App'x 847
CourtCourt of Appeals for the Eleventh Circuit
DecidedMarch 22, 2011
Docket09-15622
StatusUnpublished
Cited by1 cases

This text of 418 F. App'x 847 (United States v. Isaac Marion, Sr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. Isaac Marion, Sr., 418 F. App'x 847 (11th Cir. 2011).

Opinion

PER CURIAM:

Isaac Marion, Sr., appeals his convictions for conspiracy to commit money laundering, 18 U.S.C. § 1956(a)(l)(B)(i), (h), and making a false statement to a government agent, 18 U.S.C. § 1001(a)(2). No reversible error has been shown; we affirm.

Marion earlier had been arrested on drug trafficking charges. In connection with these charges, the government sought forfeiture of certain real property, including a property located at 881 Jarmilla Lane. Marion’s daughter, Tiera Marion (“Tiera”), lived on this property; and Marion had paid for the construction of a house on the property with money from his drug dealings. In the months after Marion’s arrest on drug charges, Tiera took out two loans on the Jarmilla Lane property. Investigating agents eventually discovered these loans, questioned Marion about them, and instituted the instant charges.

*849 On appeal, Marion argues that the district court erred by not granting his motion for judgment of acquittal because insufficient evidence existed to sustain his convictions. When a motion for judgment of acquittal raises a challenge to the sufficiency of the evidence, “we review the sufficiency of the evidence de novo, drawing all reasonable inferences in the government’s favor.” United States v. Evans, 473 F.3d 1115, 1118 (11th Cir.2006). To affirm the denial, we “need determine only that a reasonable factfinder could conclude that the evidence established the defendant’s guilt beyond a reasonable doubt.” Id.

Marion was convicted under the “concealment” provision of the money-laundering statute. See United States v. Majors, 196 F.3d 1206, 1211-12 (11th Cir.1999) (explaining that this part of the statute was designed to punish defendants who “take the additional step of attempting to legitimize their proceeds so that observers think their money is derived from legal enterprises”). And to convict Marion under this provision, the government had to show that

(1) [Marion] conducted or attempted to conduct a financial transaction; (2) the transaction involved the proceeds of a statutorily specified unlawful activity; (3) [he] knew the proceeds were from some form of illegal activity; and (4) [he] knew a purpose of the transaction was to conceal or disguise the nature, location, source, ownership, or control of the proceeds.

United States v. Miles, 290 F.3d 1341, 1354-55 (11th Cir.2002); see also 18 U.S.C. § 1956(h) (explaining that a person who conspires to commit any offense in section 1956 is subject to the same penalties for the offense the commission of which was the object of the conspiracy).

We are unpersuaded by Marion’s argument that, under United States v. Santos, 553 U.S. 507, 128 S.Ct. 2020, 170 L.Ed.2d 912 (2008), the loan proceeds must constitute profits to satisfy the “proceeds” requirement of the money-laundering statute. In Santos, a four-justice plurality concluded that, in the context of a defendant operating an illegal lottery, “proceeds” meant “profits.” Id. at 2022-25. But, in recognizing the limited precedential value of Santos, we explained that the narrow ruling in Santos, at most, meant “that the gross receipts of an unlicensed gambling operation were not ‘proceeds’ under section 1956.” United States v. Jennings, 599 F.3d 1241, 1252 (11th Cir.2010). Accordingly, in contexts other than an unlicensed gambling operation, we have continued to apply the previous definition of “proceeds” to include “receipts as well as profits.” Id.

That Marion initially received the funds he invested in the Jarmilla Lane property from his drug-dealing operation is uncontested. Therefore, the plurality opinion in Santos applying to unlicensed gambling operations is inapplicable; and sufficient evidence existed for the jury to find that the loan transaction involved proceeds from illegal activity.

Marion also argues that the loan transactions were not an attempt to conceal the nature of the source of the funds. In determining whether a transaction was meant to conceal, the crux of the issue is whether “the money is better concealed or concealable after the transaction than before.” See United States v. Blankenship, 382 F.3d 1110, 1130 (11th Cir.2004). Factors to consider include, among others, (1) statements by defendant probative of intent to conceal; (2) highly irregular features of the transaction; (3) using third parties to conceal the real owner; and (4) *850 a series of unusual financial moves cumulating in the transaction. Id.

Marion characterizes Tiera’s loans as simple, straightforward bank transaction. But this characterization ignores the breadth of the transactions. The entire transaction consisted of Marion giving his drug proceeds to Tiera, a third-party, having Tiera invest the funds in a house that was titled in her name, having her take a loan out of the property’s equity with no intent to repay that loan, and then reinvesting the proceeds of that loan in other property in hopes of reacquiring the initial investment before forfeiture. In addition, Marion made many statements probative of his intent to conceal. In phone conversations with Tiera, he explained that the government would seize the Jarmilla Lane property and instructed Tiera to “max out” on the house and not put the proceeds of the loans back in the house. On these facts, and drawing all inferences in the government’s favor, the government demonstrated sufficiently that the loans Tiera took out on the Jarmilla Lane property were designed to conceal or disguise the nature, location, source, ownership, or control of Marion’s drug-dealing proceeds.

On his false statement conviction, Marion argues that the statement that he knew nothing about Tiera’s loans was immaterial. 1 “To satisfy the element of materiality, it is enough if the statements had a natural tendency to influence, or be capable of affecting or influencing a government function.” United States v. Calhoon, 97 F.3d 518, 530 (11th Cir.1996) (quotations omitted).

Marion argues that, because the government already knew about the loans, his statement denying knowledge of the loans had no capacity to affect the government’s decisions.

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Related

Marion v. United States
181 L. Ed. 2d 409 (Supreme Court, 2011)

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Bluebook (online)
418 F. App'x 847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-isaac-marion-sr-ca11-2011.