The Law Is the Law

Litigation attorney Daniel Small published an article in Massachusetts Lawyers Weekly examining how gaps in statutory language can shape the outcome of a criminal case, even where the underlying conduct appears plainly deceptive. To exemplify this, he describes the prosecution of an aide to a corrupt former Boston official. Mr. Small recounts how a money laundering-related conviction was ultimately reversed because, at the time, federal law did not expressly prohibit structuring transactions to evade currency reporting requirements. The article underscores the principle that courts apply the law as written, though that case later helped prompt Congress to close the loophole.

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