Is he guilty? Well that is up for a jury but can we drop the quaint TV land money laundering = "making dirty money into clean money only" definitions. They serve no purpose. If the law says Money laundering is eating a cheeseburger on Tuesday then that is what it is. To try and proactively avoid the flames, this isn't a statement on the merit, or morality of the statute, merely the statute as it exists.
Yes, I'm not agreeing in whole with those who think this count is entirely bogus, or that they can't possibly convict. I do, however, think it's considerably weaker than the unambiguous failure to meet the statutory duty to file an SAR. If they can prove the facts alleged (and just the emails quoted seem to do that), they have him dead to rights on that.
However, as to the money laundering count, not only does the government have more to prove, essentially a level of specific intent, but while some activity might arguably fall under some of the language of the statute, it falls mostly under the catch-all type language, sometimes ambiguously worded. I think it would be a lot easier on that count to create a reasonable doubt about one or more of the elements of the offense, or for that matter to convince the court that the facts proven do not prove conduct sufficient to establish a violation of the statute.
It also might be worth a look at the standard jury instructions for this statute. That, after all, is what a jury would consider, and depending on what they say, a jury might just say there's not enough here to convict this guy on this charge.
My SWAG is that this case pleads out to the lesser count. Alternately, you might see a plea to some lesser included offense of money laundering, like these
from the IRS:
18 USC §2 (aiding and abetting)
18 USC §371 or 18 USC §1956(h) (conspiracy)
18 USC §1001 (false statements)
18 USC §1510(b)(3)(B)(i) (obstruction of 18 USC §1956 or 18 USC §1957 or Title 31 investigations)
18 USC §1621 (perjury)
18 USC §1960 (illegal money transmitting business)
31 USC §5322 (Title 31 criminal penalties)
31 USC §5324 (structuring)
31 USC §5332 (bulk cash smuggling)
18 USC §1028 and 18 USC §1028A (identity theft)
Aiding and abetting, false statements, illegal money transmitting business and structuring seem pretty apt.
