Recipes

Tuesday, February 13, 2007

. . . tagged, finally

1. I spend 40 min on the bus almost every week day.

2. I’m married, have two kids, and haven’t had a job for months.

3. I’ve written 8 pages arguing about the definition of the word “promote.”

4. I’m my mother’s favorite son (I have proof).

5. My favorite food is A-1 sauce. If I didn’t have to pay for it, I’d drink it.

6 comments:

  1. These are awesome!

    What is your proof?

    And I am dying to ask, "so what does promote mean?" but I wouldn't want you to have to type your answer. . .copy and paste from your research paper. . .
    But it would be cool to know what you've learned.

    (Kari, where's yours? I saw it yesterday. . . I had a great time talking to you the other day!)

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  2. What? Favorite son? I thought that we were misfits together Adam. Remember, we're the neglected ones because John's the oldest, then there's the special twin girls, the youngest boy, and the youngest girl, and then there's us two misfits in the middle. You really let me down on this one Adam... I guess that just leaves me as the lone misfit eh? :)

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  3. My undisputed proof lies in the transcript of a phone call that took place on January 21, 2007 at approximately 7:15 pm.

    [begin transcript]

    Mom: Hello

    Adam: Hi Mom. It’s Adam.

    Mom: How’s my favorite son doing?

    [end of transcript]

    There you have it…


    As far as “promote” goes, I’ll just give you the short version. A federal statute, 18 U.S.C. § 1956(a)(1)(A)(i) (2000), states: "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 with the intent to promote the carrying on of specified unlawful activity … [shall be guilty of money laundering.]"

    Courts are currently split on the meaning of “promote” as specified in the statute, with the division being either a broad or narrow interpretation of the word. Circuits recognizing the appropriate interpretation of “promote” construe the word in its plain meaning, which requires proceeds from unlawful activity to be reinvested or “plowed back” into a specified unlawful activity. Other circuits construe “promote” broadly with even a simple act of depositing illegally obtained money qualifying as promotion. See U.S. v. Valuck, 286 F.3d 221, 226 (5th Cir. 2002) (affirming money laundering conviction when dirty money was used solely for personal expenses). So pretty much the plain language of the statute doesn’t support a broad interpretation, and a broad interpretation goes against congressional intent because it would result in penalizing the same bad conduct twice. (You only should get nabbed for money laundering if your putting the money back into an illegal operation, not just spending it). So even though interpreting “promote” broadly lets the government prosecute more bad guys, it goes against congressional intent, which is a bad thing, especially when we start doing it with other statutes.

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  4. Anonymous10:33 AM

    Nice talking to you, too, Christine. I'll repost my tag next week. I took it off so Adam could shine on his own.

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  5. Anonymous9:19 PM

    Mary - given the strength of my favorite son evidence above, I think fully retaining my misfit status wouldn't be too much of a stretch...

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  6. So it seems to me that someone should be censured for trying to get dirty money regardless of whether or not they are trying to also benefit the illegal group. Instead of punishing twice, can't they just intensify the punishment (given once) for not only getting dirty money, but for also plowing it back" into the unlawful activity?

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