David Whitfield v. United States (543 U.S. 209)
U.S. Supreme Court · decided January 11, 2005 · Supreme Court Database (Spaeth)
- Citation
- 543 U.S. 209 · 125 S. Ct. 687
- Decided
- January 11, 2005
- Term
- October Term 2004
- Vote
- 9–0
- Majority author
- Justice O'Connor
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Justice O’Connor delivered the opinion of the Court. These cases present the question whether conviction for conspiracy to commit money laundering, in violation of 18 Ü. S. C. § 1956(h), requires proof of an overt act in furtherance of the conspiracy. We hold that it does not. I In March 1999, a federal grand jury returned a 20-count indictment against petitioners and five codefendants. As relevant here, Count II of the indictment charged petitioners with conspiracy to launder money, in violation of § 1956(h). The indictment described, in general terms, the “manner and means” used to accomplish the objects of the money laundering conspiracy, but it did not charge the defendants with the commission of any overt act in furtherance thereof. At trial, the Government presented evidence that petitioners were members of the executive board of an entity known as Greater Ministries International Church (GMIC). GMIC operated a “gifting” program that took in more than $400 million between 1996 and 1999. Under that program, petitioners and others induced unwary investors to give money to GMIC with promises that investors would receive double their money back within a year and a half. Petitioners marketed the program throughout the country, claiming that GMIC would generate returns on investors’ “gifts” through overseas investments in gold and diamond mining, commodities, and offshore…
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