United States v. Jose De La Jara

I.

Appellant Jose de la Jara, a Peruvian businessman, appeals from his jury conviction on five counts of structuring financial transactions and aiding and abetting in violation of 31 U.S.C. § 5324 (3) and 18 U.S.C. § 2 , and on two counts of money laundering in violation of 18 U.S.C. § 1956 (a)(3). Appellant’s indictment was the fruit of a lengthy investigation into his financial dealings, which culminated in the execution of arrest and search warrants at his home and office by law enforcement personnel from several state and federal agencies on September 21, 1989. Appellant was interrogated at that time for a period of several hours. The search of appellant’s home uncovered a letter to appellant from his attorney dated March 25, 1987.

De la Jara moved to suppress statements made in the course of the interrogation, alleging that questioning had continued despite his invocation of the right to counsel. The district court denied the motion, finding that de la Jara's invocation of the right to counsel was “ambiguous and equivocal.” The court concluded that agents had acted properly in attempting to clarify the equivocal request, and that appellant had subsequently waived his right…