United States v. Cabrales Page 17

United States v. Cabrales general information

Media for United States v. Cabrales

Audio Transcription for Oral Argument - April 29, 1998 in United States v. Cabrales

John W. Rogers:

The statute doesn't prohibit transporting dirty money.

It prohibits--

Ruth Bader Ginsburg:

Yes, but I was just wondering why, on the Government's side, there was this admission that she wasn't involved in transporting, or that at least what they charged doesn't involve that.

John W. Rogers:

--I couldn't speak for the Government on that issue.

I don't know why they did that.

Maybe because they are looking for a certain rule of law out of this case.

Ruth Bader Ginsburg:

That's what I was wondering.

John W. Rogers:

I just don't know.

If there are no further questions--

William H. Rehnquist:

Thank you, Mr. Rogers.

John W. Rogers:

--Thank you.

William H. Rehnquist:

Mr. Stewart, you have 1 minute remaining.

John W. Rogers:

As the exchange between Mr. Rogers and Justices Scalia and Souter indicates, really the respondent's position stands or falls with the proposition that there is a constitutionally significant difference between being an aider and abettor and being an accessory after the fact, and I think the fact that Congress has chosen to define an aider and abettor as--

John Paul Stevens:

Of course, in the aider and abettor, you've got to aid something that hasn't yet happened.

Let me ask you this.

What difference does it make to the Government in this case, if you can prove the conspiracy charge?

Don't you get everything you need?

John W. Rogers:

--I think if we can prove the conspiracy charge, then presumably the money laundering--

John Paul Stevens:

Would be relevant conduct--

John W. Rogers:

--itself would be relevant conduct and probably the end result would be negligible.

It's not necessarily the case that we could prove conspiracy simply because we could prove a substantive money... thank you, Your Honor.

William H. Rehnquist:

Thank you, Mr. Stewart.

The case is submitted.