US v. Quinones, No. 09-4361 (2d Cir. 2011)
Annotate this CaseDefendants appeal convictions involving the distribution of controlled substances, conspiracy to distribute and posses with intent to distribute controlled substances, and money laundering conspiracy. At issue was whether an error in giving a conscious avoidance jury instructions was prejudicial to defendants and whether the government must prove that the laundered funds at issue in this case were the profits, rather than merely the gross revenues of one of the defendant's prescription drug sales enterprise under United States v. Santos. The court affirmed defendants' convictions and held that any error in instructing the jury on a conscious avoidance theory was not prejudicial to the defendants where there was overwhelming evidence presented at trial that defendants knew or reasonably should have known that the doctors and pharmacists upon whom they relied were acting in bad faith. The court also held that Santos, as applied to the sale of contraband, permitted a conviction for money laundering conspiracy even absent proof that the laundered funds were profits.
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