Safe Havens

(A)  Aggravated Felonies.[62]

            The aggravated felony definition includes “an offense described in section 1956 of title 18, United States Code (relating to laundering of monetary instruments) or § 1957 of that title (relating to engaging in monetary transactions in property derived from specific unlawful activity) if the amount of the funds exceeded $10,000 . . . .”[63]  For a discussion of the proof necessary to establish the $10,000 amount required to qualify an offense as an aggravated felony, see § 7.82, supra.

            A RICO offense carrying a potential sentence of one year also is an aggravated felony, under a separate section.[64]  Counsel should make sure that a money laundering or financial transaction offense is not a RICO offense, or avoiding the $10,000 limit will not prevent the conviction from being an aggravated felony.

Ninth Circuit:

Chowdhury v. INS, 249 F.3d 970, 972-974 (9th Cir. May 14, 2001) (federal conviction for money laundering $1,310 in violation of 18 U.S.C. § 1956(a)(1)(A) did not constitute an “aggravated felony,” even though defendant was ordered to pay $967,753.39 in restitution, because, under INA § 101(a)(43)(D), 8 U.S.C. § 1101(a)(43)(D), the amount of funds laundered must exceed $10,000).

[62] See N. Tooby, Aggravated Felonies § 5.35, Money Laundering, § 5.44, RICO Offenses (2003).

[63] INA § 101(a)(43)(D), 8 U.S.C. § 1101(a)(43)(D).

[64] See INA § 101(a)(43)(J), 8 U.S.C. § 1101(a)(43)(J), and discussion infra.