Appellate Practice,
Law Practice
Sep. 13, 2022
Street gang scienter through inference difficult to prove
In effect, the majority’s holding contravened the fundamental principle “that mere gang membership and affiliation with gang members is not enough to make out a conspiracy conviction.”
The 9th U.S. Circuit Court of Appeals recently decided a case involving a gang's alleged money laundering conspiracy, United States v. Jaimez, __ F.4th __ (2022). Addressing the sufficiency of the evidence of the defendant's knowledge of his gang's money laundering scheme, the Court split, revealing the difficulties involved in determining what knowledge can be reasonably inferred from a single defendant's participation in a broader criminal exercise.
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