Wednesday, May 01, 2019

People v. Bolding (Cal. Ct. App. - May 1, 2019)

Today's opinion makes me wonder if the defendants charged in the college admissions scandal might eventually have a state law problem as well.

The existing defendants have all been charged with federal crimes, in federal court.  But -- at least currently -- double jeopardy doesn't bar California (or other states) from charging them with state crimes as well.

Many of the existing defendants have recently been charged with additional counts of money laundering -- an offense that carries substantially additional jail time.  And "money laundering" includes a ton of stuff that you wouldn't ordinarily think at all counted as money laundering, so it's likely that the defendants are in fact guilty of those offenses.

Today's case isn't one of the college admissions cases.  But the Court of Appeal today makes state law money laundering cases even easier to prosecute than similar federal law cases, holding that Ninth Circuit precedent that requires "tracing" doesn't apply in California (and thereby disagreeing with a prior Court of Appeal opinion to the contrary).

More bad news if you paid a lot of money to get your kid admitted to a college by pretending that s/he was an athlete.