On June 6, 2000, a federal grand jury in the Southern District of New York filed a seven-count superseding indictment charging petitioner with conspiracy to engage in alien smuggling, trafficking in ransom proceeds, hostage taking, and money laundering, in violation of 18 U.S.C. 371; two counts of hostage taking, in violation of 18 U.S.C. 1203(a); two counts of money laundering, in violation of 18 U.S.C. 1956(a)(2)(A); operating an illegal money transmitting business, in violation of 18 U.S.C. 1960(a); and trafficking in ransom proceeds, in violation of 18 U.S.C. 1202. Petitioner was extradited from Hong Kong on five of those counts (excluding one count of hostage taking and the single count of operating an illegal money transmitting business, which were not submitted to the Hong Kong magistrate for consideration).
Count 3 of the indictment charged petitioner with money laundering in connection with petitioner’s transmittal of $30,000 from the United States to Thailand in March 1991 on behalf of Weng Yu Hui (Weng). The indictment alleged that petitioner transmitted the funds “with the intent to promote the carrying on of specified unlawful activity, to wit, the smuggling by airplane of four aliens from the PRC
On June 6, 2000, a federal grand jury in the Southern District of New York filed a seven-count superseding indictment charging petitioner with conspiracy to engage in alien smuggling, trafficking in ransom proceeds, hostage taking, and money laundering, in violation of 18 U.S.C. 371; two counts of hostage taking, in violation of 18 U.S.C. 1203(a); two counts of money laundering, in violation of 18 U.S.C. 1956(a)(2)(A); operating an illegal money transmitting business, in violation of 18 U.S.C. 1960(a); and trafficking in ransom proceeds, in violation of 18 U.S.C. 1202. Petitioner was extradited from Hong Kong on five of those counts (excluding one count of hostage taking and the single count of operating an illegal money transmitting business, which were not submitted to the Hong Kong magistrate for consideration).
Count 3 of the indictment charged petitioner with money laundering in connection with petitioner’s transmittal of $30,000 from the United States to Thailand in March 1991 on behalf of Weng Yu Hui (Weng). The indictment alleged that petitioner transmitted the funds “with the intent to promote the carrying on of specified unlawful activity, to wit, the smuggling by airplane of four aliens from the PRC to New York where they would be held hostage until money was paid.”
The evidence at trial in support of Count 3 established that in 1984, Weng had hired petitioner to smuggle him to the United States from China for an $18,000 fee. Petitioner held Weng hostage, first in Guatemala and then in New York, until Weng’s and his brother-in-law’s smuggling fees were paid or guaranteed. Weng and petitioner then became friends. In 1991, Weng decided to enter the alien smuggling business. His first operation involved smuggling four individuals from Thailand into the United States. To finance the operation, Weng’s associates in Thailand needed $30,000. Weng brought $30,000 in cash to petitioner’s store. Weng gave the cash, passport numbers, and a cell phone contact number to petitioner and told petitioner that the money was needed in Thailand in a few days. After Weng handed petitioner the cash, petitioner remarked, “[N]ow you’re my competitor.” Weng successfully smuggled the four individuals into the United States. Weng brought them to petitioner’s restaurant, pointed them out to petitioner, and remarked that his operation had been successful. Petitioner had no comment.
In instructing the jury on Count 3, the district court read the narrative description of the specified unlawful activity that was contained in the indictment. The court then instructed the jury that, in order to convict petitioner of the charge, it was required to find, among other things, that “the defendant acted with the intent to promote the carrying on of specified unlawful activity, namely the acts of alien smuggling or hostage taking specified in [Count 3].” The court also instructed the jury that it was required to be unanimous as to which specified unlawful activity (i.e., alien smuggling or hostage taking) it found. The district court did not further define “alien smuggling” in that instruction. In connection with the conspiracy charge, however, the court informed the jury that alien smuggling has three elements: (1) the defendant “brought an alien to the United States, in any manner whatsoever, and did so at a place that was not a designated port of entry;” (2) “the defendant knew that the person brought to the United States was an alien;” and (3) “the defendant acted wil[l]fully.”
China
Thailand
Kenya
Mexico
Guatemala