Source:
The StatesmanBy Chuck Lindell | Wednesday, April 28, 2010, 11:15 AM
The Austin appeals court erred in deciding that the state’s money-laundering statute - used to prosecute associates of former U.S. House Majority Leader Tom DeLay - did not apply to transfers made via checks, the Texas Court of Criminal Appeals ruled today.
The court’s 9-0 decision also upheld the state’s election laws prohibiting corporations from making political contributions to candidates. DeLay’s associates - John Colyandro and Jim Ellis - had challenged the law as an unconstitutional infringement on First Amendment rights.
In 2002, the Public Integrity Section of the Travis County District charged Colyandro - working on behalf of Texans for a Republican Majority PAC - with accepting political contributions from corporations.
Colyandro and Ellis also were charged with money laundering by transferring $190,000 in corporate contributions to the Republican National Committee by a check, with a similar amount later returned to the state organization.
Read more:
http://www.statesman.com/blogs/content/shared-gen/blogs/austin/courts/entries/2010/04/28/appeals_court_says_moneylaunde.html
Hat-tip to:
http://twitter.com/jazgar/status/13028029773See also:
Texas Court of Criminal Appeals Rejects DeLay Associates' Appeal
by: Matt Glazer
Wed Apr 28, 2010 at 01:01 PM CDT
<snip>
The men asked the trial court to dismiss the charges, arguing the money-laundering statute was unconstitutionally vague if it were interpreted to apply to transactions involving something other than cash, including checks.
Texans for Public Justice chimed in, releasing the following e-mail moments after the decision was made.
Texas' highest criminal court today unanimously rejected arguments by co-indicted associates of Tom DeLay that the state money laundering statutes do not apply to checks. DeLay aides John Colyandro and Jim Ellis were seeking to dismiss felony money-laundering indictments. A ruling in their favor likely would have resulted in the dismissal of Tom DeLay's indictment as well. Instead, the trial court will now proceed with the case against all three defendants.
<snip>
For the national readers, this was one of the last remaining roadblocks in the DeLay trials. This case is now nearly a decade old, so it will be interesting to see what happens next.
More:
http://www.burntorangereport.com/diary/10305/texas-court-of-criminal-appeals-rejects-delay-associates-appeal