Proposals to Reform the Federal Money Laundering Statutes
page 16
Proposal #4: 18 U.S.C. § 1957(f) should be amended to clarify the Sixth Amendment exemption in accordance with congressional intent.
In 1988, Congress amended 18 U.S.C. § 1957(f), to include a “ Sixth Amendment ” exception,
which provides that “ the term ‘ monetary transaction ’ . . . does not include any transaction necessary to
preserve a person's right to representation as guaranteed by the sixth amendment to the Constitution. ”
The potential problems for criminal defense attorneys had been recognized early in the
legislative process by Members of Congress who participated in developing the Money Laundering
Control Act. Rep. Bill McCollum (R-FL), one of the cosponsors of the House bill, proposed an
amendment during the July 16, 1986, markup of the bill, which would have exempted transfers of
bona fide criminal defense fees from criminal sanctions. That amendment read succinctly:
This paragraph does not apply to financial transactions involving the
bona fide fees an attorney accepts for representing a client in a
criminal investigation or any proceeding arising therefrom.
The McCollum amendment was included in the Act which passed the House on two occasions.
The House Report accompanying that bill explains:
The Subcommittee was aware of a potential impact upon the exercise of the sixth amendment right to the effective assistance of counsel in the event of application of this offense to bona fide fees received by attorneys. An attorney representing a person facing criminal investigation or prosecution, in order to carry out the professional obligation to fully represent their clients, must inquire into many
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