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U.S. v. COTA

No. 480, Docket 91-1364.

953 F.2d 753 (1992)

UNITED STATES of America, Appellee, v. Milagros COTA, Leoncio Hernandez, Altagracia Hernandez, Defendants, Milagros Cota, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 6, 1992.

Attorney(s) appearing for the Case

Jack Wenik, Asst. U.S. Atty., E.D.N.Y. (Andrew J. Maloney, U.S. Atty., E.D.N.Y., Jerome C. Roth, Asst. U.S. Atty. E.D.N.Y., Brooklyn, N.Y., of counsel), for appellee.

Michael Kennedy, New York City (Gregory Lenihan, of counsel), for defendant-appellant.

Before KAUFMAN, MINER and ALTIMARI, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

Guilt by association has never been enough to sustain a criminal conviction in our system of justice. In both conspiracy and money laundering cases, an independent showing of knowledge, participation, and intent must be proven to establish each party's alleged involvement in a scheme. The matter at issue in this case is whether criminal intent could be imputed to the seemingly innocent sale of two family-owned properties where there...

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