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People v. Nevelik.

2021 COA 30. No. 18CA0783.  Criminal Law—Subject Matter Jurisdiction—Money Laundering.

March 11, 2021

Defendant is a resident of Texas. At a Colorado detective’s request, he was arrested and extradited to Colorado in connection with an internet money laundering scheme. The victims were a Colorado Springs couple. A jury convicted defendant of money laundering.

On appeal, defendant contended that the State of Colorado did not have subject matter jurisdiction to charge him with money laundering based on acts that solely occurred in Texas. Colorado law provides that a person may be prosecuted in Colorado for conduct that constitutes an offense and is committed either entirely or partially within the state. Here, the undisputed evidence showed that the essential elements of money laundering occurred outside of Colorado. Accordingly, the trial court lacked subject matter jurisdiction.

The judgment was vacated.

Official Colorado Court of Appeals proceedings can be found at the Colorado Court of Appeals website.

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