June 2, 2008 4:32PM 

# Supreme Court Rules on Money Laundering 

By [Tim Lynch](https://www.cato.org/people/tim-lynch) 

---

<a class="js-popover-trigger cursor-pointer popover-trigger" data-bs-placement="bottom" data-bs-trigger="click" id="popover-trigger"> 

SHARE 

</a> 

Interesting voting pattern in a [Supreme Court ruling today](http://www.bloomberg.com/apps/news?pid=20601087&sid=aQ70Ay4juIbM&refer=home). Instead of the usual conservative &amp; liberal voting blocs, we find Scalia, Thomas, Ginsburg, Souter, and Stevens in the majority–while Breyer, Kennedy, Alito and Roberts dissent.

The case is called *United States v. Santos* and the issue was how to interpret the term “proceeds” in the federal money laundering statute. The case was easy and should have been unanimous. When a term in a criminal law is unclear, the defendant should get the benefit of the doubt, not the rule-making, rule-enforcing state. That’s a legal doctrine called the “rule of lenity.” Unfortunately, the Supremes do not apply that rule consistently. Happily, the Court reached the correct outcome today. Here’s the money quote from Scalia: “When interpreting a criminal statute, we do not play the part of a mind reader.” The “we” in that sentence referred to the justices. But that goes ***double*** for the individuals &amp; business firms that are regulated by vague federal regulations.

The newest justices, Alito and Roberts, are showing their pro-state tendencies again.

##### Related Tags 

[Constitutional Law](https://www.cato.org/constitutional-law), [Robert A. Levy Center for Constitutional Studies](https://www.cato.org/robert-levy-center-constitutional-studies) 

[![Creative Commons License](/build/cato_2020/images/creative-commons.svg)](http://creativecommons.org/licenses/by-nc-sa/4.0/) 
This work is licensed under a [Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License](https://creativecommons.org/licenses/by-nc-sa/4.0/).