Cash or Check? (Part III)

Tom DeLay (R)

Cash or Check?; September 1, 2008

Cash or Check? (Part II); March 18, 2009

While it may seem that the purpose of this blog is to document developments in the criminal cases against Fraser Verrusio and Kevin Ring, it isn't. The raison d'être for the ACR Blog is to chronicle the plight of our former Congressman, Tom DeLay (R-Sugar Land). On September 1, 2008, the ACR Blog observed that Texas case law had convicted defendants for money-laundering when the instrument laundered was in the form of a check.

We know we should read Kuff more often. Last week, he spotted an article in the Austin American-Statesmen indirectly related to the politically-inspired state money-laundering charges against Mr. DeLay:

The Austin appeals court erred in deciding that the state’s money-laundering statute - used to prosecute associates of former U.S. House Majority Leader Tom DeLay - did not apply to transfers made via checks, the Texas Court of Criminal Appeals ruled today.

The court’s 9-0 decision also upheld the state’s election laws prohibiting corporations from making political contributions to candidates ...

The men asked the trial court to dismiss the charges, arguing the money-laundering statute was unconstitutionally vague if it were interpreted to apply to transactions involving something other than cash, including checks.

Mr. DeLay's associates, John Colyandro and Jim Ellis, actually argued that the Texas money-laundering statute is not triggered when the funds allegedly being laundered were in the form of checks. Seriously. And the 3rd Court of Appeals agreed with this absurd argument. In September 1, 2008, the ACR Blog observed that the State of Texas had convicted other defendants for money-laundering where the funds laundered were in the form of a check. The 3rd Court of Appeals appears to have reached an opinion as politically inspired as former Travis County DA Ronnie Earle's indictment of Mr. DeLay. Fortunately, the Court of Criminal Appeals (the "Supreme Court" of criminal cases in Texas) overruled that finding. This is good.

Mr. Delay is not a defendant in the Colyandro/Ellis case. But movement in the Colyandro/Ellis case means that there may be movement in the Delay case soon. Even though the ACR Blog believes that money laundering can involve checks, that doesn't mean we think that Mr. DeLay will be convicted on these state charges related to money laundering. In the very first post at the old place, I wrote, "The antics of Travis County DA Ronnie Earle are entirely political. (In fact, the acts of Ronnie Earle are quite disturbing because he is trying to criminalize political differences.)"

That said, the ACR Blog still believes that very real criminal acts were committed by Mr. DeLay in Washington, D.C. This blog continues to exist to monitor those developments. Over four years later, we're still patiently waiting for the Public Integrity Section to bring Mr. DeLay to justice.