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Court may put its own spin on money-laundering question.

Article Excerpt
This term, the Supreme Court will attempt to untangle the knotty strands of the federal Money Laundering Control Act. (1) In hearing Cuellar v. United States, the Court will consider whether a man who was transporting ill-gotten gains to Mexico in a car's hidden compartment was committing "transportation for the purpose of concealment," in violation of the act. (2) The Fifth Circuit en banc held that he was, but neither the majority nor the dissent seemed to fully understand this complex statute.

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In July 2004, Humberto Cuellar was stopped near El-dorado, Texas, 114 miles from the Mexican border. He was heading south toward Acuna, Mexico, driving a Volkswagen Beetle. A police officer pulled him over because he was going 40 mph in a 70 mph zone and the car was weaving.

Because Cuellar spoke no English, the deputy called in a Spanish-speaking highway patrolman for assistance. When asked if he had insurance, Cuellar handed the deputy some papers from the glove compartment. He then got out of the car without being asked and opened the trunk.

"Such behavior," according to the Fifth Circuit, "raises suspicion among law enforcement officers because it is considered a diversionary tactic used to draw attention away from other locations in the vehicle where contraband is hidden." (3)

Cuellar's papers showed that he had traveled all over Texas by bus in the previous few days. The patrolman noted that Cuellar was avoiding eye contact and seemed nervous, telling conflicting stories about his travels.

The patrolman spotted a bulge in Cuellar's pocket and asked about it; Cuellar pulled out a wad of cash that smelled like marijuana. The patrolman then called for a drug-search dog.

Cuellar consented to a search of the vehicle. The patrolman noticed drill marks on the fender walls and evidence of tampering near the gas tank, which suggested secret compartments to conceal contraband. He also noticed that mud appeared to be splashed on the car with an acoustic gun, which is what criminals sometimes do to cover up tool marks, fresh paint, and other modifications to a vehicle.

There were other curious...