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As a result, Judge Pooler disagreed with many federal judges’ previous rulings. For the purposes of money laundering, federal courts have consistently held that Bitcoin is “money” or “funds.” Furthermore, while reviewing the relevant federal money laundering laws, the federal courts have declined to extend the doctrine of lenity because there were no ambiguities so that “an reasonable individual would not realize that engaging in the challenged conduct could result in the form of criminal liability charged.” Depending on each statute’s respective canon of design and legislative purpose, state and federal courts may interpret identical state and federal laws in different ways. However, since the Florida Money Laundering Act (Fla. Stat. 896.101) is based on the federal Money Laundering Control Act (18 U.S.C. 1956), the courts are likely to draw the same conclusion.
Part I of this comment explains Bitcoin, including its roots and how it functions. In light of Florida v. Espinoza and federal court decisions, Part II examines both state and federal anti–money laundering laws. Part III examines state and federal business services laws in light of Florida v. Espinoza and federal court rulings such as United States v. Ulbricht, which found Bitcoin to be within the plain definition of “money” and “funds” under the applicable federal money laundering law.
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Teresa Mary Pooler is a judge on the 11th Circuit Court of Florida. On January 7, 2025, her present term will come to an end. After the general election on November 6, 2018, was cancelled, Pooler won re-election to the Florida 11th Circuit Court outright.
Pooler taught Criminal Justice at Florida International University for three years as an associate professor. She served for ten years as a Traffic Hearing Officer in Miami-Dade County and has been a self-employed attorney since 1991. [three]
• United States District Court: Middle District of Florida, Northern District of Florida, and Southern District of Florida • Eleventh Circuit Court of Appeals • Bankruptcy Courts in the United States: Middle District of Florida, Northern District of Florida, and Southern District of Florida
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Brian Tannebaum is representing Judge Mavel Ruiz. At the time of the charges, all five judges were appointed to the Unified Children’s Court. [read the article]
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Teresa Ruiz (D-29) has secured final legislative approval for a bill that would allow schools to flag teachers who have been accused of child abuse or sexual assault during the hiring process. The bill now goes to Governor Murphy for his signature. [read the article]
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I just finished reading Circuit Court Judge Teresa Pooler’s order granting the motion to dismiss in the case of the State of Florida vs. Michell Abner Espinoza, and it’s a fascinating text.
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While Espinoza’s case has been in the news for months, the final decision was only filed in July. The case has been dubbed a “definition” of whether Bitcoin is money or not. Regardless of the consequences, the case made by the defendant and the Judge is very compelling.
The Miami Electronic Task Force of the US Secret Service wanted to check out CraigsList (of course) and localbitcoins.com to see what they could find. The Feds believed they had discovered something nefarious when they saw an advertisement stating that the defendant was willing to sell Bitcoin in person for cash. .40322580 Bitcoins were sold for $500 at a meeting held at the Nespresso Cafe. A second, $1000 transaction was done a few weeks later at a Haagen-Dazs ice cream shop. During this meeting, the undercover investigator asked if Abner would consider stolen credit cards as payment, but Abner refused. The final procedure, which cost $30,000 and included wires and surveillance equipment, took place in an undisclosed hotel room. Abner became anxious when the detective showed him a “flash roll” of phony cash. Despite the fact that Abner did not take possession of the money, the feds arrested him and charged him with the crimes mentioned above.