United States v. Gan, No. 21-1990 (7th Cir. 2022)Annotate this Case
Gan lived in Mexico and worked with U.S. associates to launder money for drug trafficking organizations. One of Gan’s couriers began cooperating with the government and participated undercover in three cash pickups coordinated by Gan. Recordings from those undercover operations and testimony from the courier were central to the government’s case. Gan was convicted on three counts of money laundering and one count of operating an unlicensed money-transmitting business but was acquitted on one count of participating in a money laundering conspiracy. He was sentenced to 168 months in prison.
The Seventh Circuit affirmed, rejecting an argument that a law enforcement expert improperly provided testimony interpreting communications the jury could have understood itself. Gan waived an argument that jury instruction misstated the mens rea required for the money-laundering convictions. The prosecution’s closing remarks were not improper. Binding Supreme Court precedent allows consideration of acquitted conduct at sentencing when, as in this case, the judge finds the conduct proved by a preponderance of the evidence.