Money Laundering Conspiracy- Law Enforcement Expert Testimony

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7^th Circuit Court of Appeals

Case Name: United States of America v. Xianbing Gan

Case No.: 21-1990

Officials: Sykes, Chief Judge, and Hamilton and Brennan, Circuit Judges.

Focus: Money Laundering Conspiracy- Law Enforcement Expert Testimony

A jury convicted defendant-appellant Xianbing Gan on three counts of money laundering and one count of operating an unlicensed money transmitting business, but acquitted him on one count of participating in a money laundering conspiracy. He was sentenced to 168 months in prison. Gan raises four issues on appeal: whether a law enforcement expert improperly provided testimony interpreting communications the jury could have understood itself; whether a jury instruction misstated the mens rea required for the money-laundering convictions; whether the prosecutor made improper remarks during closing; and whether the district court erred by considering the acquitted conspiracy conduct at sentencing.

There was no plain error in the challenged expert testimony. Gan waived his jury instruction challenge. The prosecution’s closing remarks were not improper. And finally, binding Supreme Court precedent allows consideration of acquitted conduct at sentencing when, as in this case, the judge finds the conduct proved by a preponderance of the evidence.

Affirmed.

Decided 11/23/22

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