IMOLIN Case Law Database

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    Found 75 items
    • CHRISTIAN -v-SAWKA
    • 2200,en,/case-law-doc/moneylaunderingcrimetype/xxx/2012/christian_-v-sawka_.html
    • Verdict Date: 2012-08-06
    • Facts:

      The appellant A was convicted of moving physical currency of more than $ 10,000 out of Country B for not reporting it to the competent authority. The Supreme Court made an order that the appeal be dismissed.

      The main issue:

      The defendant appeals the order of dismissal.

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    • Ballena Blanca Case
    • 2200,en,/case-law-doc/moneylaunderingcrimetype/xxx/2012/ballena_blanca_case.html
    • Verdict Date: 2012-12-05
    • Facts:

      Del Valle was the owner of a law firm devoted to provide advice to foreign investors in the national real estate business, creating a system that allowed such investor to launder money. Such a concealment system could be used to hide unreported earnings and proceeds of crime.

      The system used to facilitate such investments was the creation of holding companies in the country, which were facilitated by companies established in the US State of Delaware, whose legislation permit the concealment of the ultimate beneficiaries and owners in the deed and foundational titles. The clients investing in Spain through a Delaware company could ensure their anonymity since the inversion effectively carried out in Spain formally came from an American company, founding partner of the Spanish society.

      Besides helping many clients to use this system to launder money, Del Valle also used the system for his own interest. He had shares in 194 foreign companies, being 143 from Delaware and 39 from different territories classified as tax heavens.


      The main issue:

      Since the procedure included 19 people, the argument raised were very diverse, but before the Provincial Court, as well as before the Supreme Court the argument raised were mainly about the evaluation of the evidence. Ultimately it was considered that the evidence collected in the investigation was not enough to condemn 14 of the accused.

      Before the Supreme Court, Del Valle claimed that during the investigation his fundamental rights were violated, especially during telephone interceptions. The Court partially accepted it and declared null and void the evidence taken from the telephone interceptions.

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    • Luis Herrera & Raul Prada
    • 2200,en,/case-law-doc/moneylaunderingcrimetype/xxx/2011/luis_herrera_raul_prada.html
    • Verdict Date: 2011-04-11
    • Facts:

      The Aguilas Negras, or Black Eagles, are a non-cohesive group of former paramilitary men dedicated to the extortion of Mayors, traders and transporters, and also involved in drug trafficking, targeted killing of people and threats. Raul Prada was involved in the activities of the terrorist group, and when the judicial investigation started he held the position of commander of the “Bloque sur de Bolívar”, one of the fractions of the group. Luis Herrera was also a relevant member of the group, having the responsibility of monitoring the due payment of the shares by the extorted persons, as well as providing the organization with food and other supplies.


      The main issue:

      Since the judgment of the Criminal Court of First Instance was based on the declarations of two witnesses that later retracted their statements, the main issue discussed before the Regional Superior Court, was whether the Court should consider such statements as valid evidence. The defendants argued that the declaration made by the witnesses incriminating them in the illegal activities, were made under threat or under a promise of rewards.

      The defendants argued that since the witnesses statement could not be considered a valid proof, there was not enough evidence to prove that they were part of the terrorist group and that they were involved in its financing.

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    • Beach tour case
    • 2200,en,/case-law-doc/moneylaunderingcrimetype/xxx/2013/beach_tour_case.html
    • Verdict Date: 2013-01-25
    • Facts:

      Between 2005 and 2008, a criminal organisation dedicated to drug trafficking, laundered the revenues of its crimes through an exchange house. Different members of the organizationregularly brought large amounts of money to the exchange house. The head of the business, Tarek Chartouni, and the manager, Francisco Gutierrez, laundered that money buying foreign currency without recording the operations, and without informing the Financial Intelligence Unit.

      The defendants also laundered the money through "hawala", an informal funds transfer system, handling money in one city and delivering an equivalent amount in foreign currency in another city, without physical transfer of funds.

      Tarek and Francisco received a percentage of each operation, and the Court found that they laundered a total amount of approximately 500 million Chilean pesos.


      The main issue:

      The Court considered whether the accused knew the illicit origin of the money. Since belonging to an organized criminal group is an aggravating circumstance under national law, the defendants tried to prove the absence of relation with the criminal organization.

      Another relevant issue discussed before the court was the appreciation of the evidence. All the accused argued that there was not enough proof of their implication in the crimes, and that any conviction would violate their presumption of innocence. The court accepted this argument for three of the defendants.

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    • luz acosta y javier guzman
    • 2200,en,/case-law-doc/moneylaunderingcrimetype/xxx/2011/luz_acosta_y_javier_guzman.html
    • Verdict Date: 2011-06-27
    • Facts:

      In October 2005, the suspicious characteristics of the luggage of two passengers, Luz Acosta and Javier Guzman, made customs officials at the international airport Ministro Pistarini, stop and inspect them. They found a large amount of undeclared money carefully hidden in the luggage of the passengers; $348,000 in the baggage of Luz, and $270.000 in the baggage of Javier.

      Luz and Javier were part of a scheme to launder money gained from illicit activities carried out in a foreign country, in which none of them had participated. Their mission was to bring the money into the country and use it to invest in property.



      The main issue:

      The Court had to rule whether the money found in the luggage of Luz and Javier had an illicit origin. The accused claimed that the money was obtained by lawful means, however the Court found that the defendants did not have any source of income that could justify such an amount of money. Therefore, it was inferred that the money was proceeds of crime, and under national law such assumption is enough to prove that money laundering had occurred. Ultimately the accused admitted the illicit origin of the money.

      The case also raised the issue of the commission of the predicated offence in a foreign country, but the Court found that the place where the predicate offence is committed is irrelevant, and that what matters is the place where the proceeds of the crime are laundered.

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    • Marcial Dorado Case
    • 2200,en,/case-law-doc/moneylaunderingcrimetype/xxx/2015/marcial_dorado_case.html
    • Verdict Date: 2015-02-06
    • Facts:

      Marcial Dorado is a famous drug trafficker of Country S sentenced by a Court in 2009 to 10 years of imprisonment. Since the late eighties to early nineties, he established numerous companies in tax havens, and opened many accounts in Country SW to conceal the assets acquired through cigarette smuggling, trafficking drugs and other illicit business. Since the late nineties Dorado created a network of companies and enterprises lending money among themselves to be reinvested afterwards in the purchase of real estate or in opening legitimate businesses. The objective of these operation was to disguise the real origin of the money.

      Dorado had almost 20 bank account in Country S, Country P, Country SW and in Country B, and more than 17 million Swiss francs were transferred from Country SW to Country S justified as loan agreements.

      The main issue:

      The legal or illegal origin of Dorado’s fortune was discussed before the National High Court, but the 2009 Judgement condemning Dorado for drug trafficking helped to determine the illegal origin of his money and property. It was also discussed whether the network of companies Dorado built, had any utility by itself or were set up just to launder the benefits of drug trafficking.

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    • Codex Calixtinus Case
    • 2200,en,/case-law-doc/moneylaunderingcrimetype/xxx/2015/codex_calixtinus_case.html
    • Verdict Date: 2015-02-18
    • Facts:

      During more than ten years, the electrician of the Cathedral of S, regularly stole money from the strongbox of the Cathedral. Money from various activities such as visits to museums, renting of property or donations were provisionally kept in the strongbox of the Cathedral. The electrician regularly took small sums, that at the end amounted to more than 2.5 million euros. The accused also stole a priceless manuscript, the “Codex Calixtinus”, and various items from the Cathedral.

      With the objective of disguise the real origin of the money, the electrician and his wife used the stolen money for the purchase of real estate.

      The main issue:

      It was discussed before the Court whether the ultimate aim of the electrician and his wife, when purchasing real estate, was to hide the real origin of the money. The wife also argued that she was unaware of the illegal origin of the money, and therefore she could not be found liable of a money laundering offence.

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    • Isabel Pantoja
    • 2200,en,/case-law-doc/moneylaunderingcrimetype/xxx/2014/isabel_pantoja.html
    • Verdict Date: 2014-06-09
    • Facts:

      This case arises from an operation against the Mayor of the city of Marbella convicted of urban corruption, bribery, embezzlement of public funds, prevarication and trading in influence. Proceeds from this offences were laundered by his wife, a famous Spanish singer, through her companies, buying residential properties.

      The main issue:

      Two issues were discussed before the Courts. First, whether the mayor gave money to his wife and relatives, or if the money used to buy the properties was theirs. Second, once proved that the mayor provided the money, it was discussed if they were aware of its illicit origin.

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    • Herriko Tabernas Case
    • 2200,en,/case-law-doc/moneylaunderingcrimetype/xxx/2014/herriko_tabernas_case.html
    • Verdict Date: 2014-06-24
    • Facts:

      Herriko Tabernas (“Herriko taverns”) were the meeting places for members and supporters of the Basque independence movement, some of which supported the terrorist organization ETA. Many Herriko Tabernas were owned by Batasuna, a political party illegalized due its connexions with ETA. The benefits obtained from these taverns were used to finance the terrorism organization. The Herriko Tabernas were also the main logistic infrastructure for the activities carried out by many organizations connected with the separatist movement.

      The main issue:

      Two issues were discussed before the National High Court. First, whether the political party Batasuna was part of the terrorist organization ETA, or was an independent and autonomous organism. Second if the benefits from the Herriko Tabernas was employed for the personal use of Batasuna leaders, was used for the financing of the activities of the political party itself, or was effectively used for the financing of ETA.

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    • Chaplin v country C
    • 2200,en,/case-law-doc/moneylaunderingcrimetype/xxx/2012/chaplin_v_country_c.html
    • Verdict Date: 2012-01-02
    • Facts:

      In 2008, while at the international airport of city V on his way to country M, Mr. C failed to disclose to an officer with the Border Services Agency that he was carrying currency valued at more than $10,000 contrary to the domestic Proceeds of Crime (Money Laundering) and Terrorist Financing Act. The officer seized the money, finding there were reasonable grounds to believe that the money was derived from proceeds of crime. C asked for a Ministerial Review of the seizure. The Minister's delegate found that there had been a contravention of the Act and that the money should remain seized.

      Main issue:

      Was the delegate's decision reasonable? Did the delegate breach the duty of fairness?

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    65 more cases