Pleas & Sentencing

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Case Name: United States of America v. Kenneth W. Lewis

Case No.: 14-2442l 14-2597

Officials: BAUERandWILLIAMS,Circuit Judges, and ADELMAN, * District Judge

Amicus argument disproves allegations of money laundering.

“After the parties filed their respective briefs, but prior to oral argument, the government conceded that it had not presented sufficient evidence that Lewis had in fact laundered money; there was no evidence that he had “engage[d] or attempt[ed] to engage in a monetary transaction using criminally derived property.” 18 U.S.C. § 1957(a); see United States v. McClellan, 794 F.3d 743, 753 (7th Cir. 2015). Accordingly, the government agreed that we should vacate the money laundering conviction, and remand the case for resentencing only on the wire fraud conviction. Because the record is devoid of evidence that Lewis laundered money, we oblige. See, e.g., United States v. Reed, 744 F.3d 519, 527 (7th Cir. 2014) (appellate court will “overturn a verdict for insufficiency of the evidence … if … the record is devoid of evidence from which a rational trier of fact could find guilt beyond a reasonable doubt” (citations omitted)).”

Affirmed as to wire fraud conviction

Vacated as to conviction for money laundering

Remanded for resentencing

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.