United States v. Byron T. Brown

This appeal involves the extent of transactional immunity granted to Byron Brown in exchange for his cooperation in the investigation of a transaction involving the Big Boquillas Ranch sale to the Navajo Nation. In an agreement with the Office of the U.S. Attorney for the District of Arizona, Brown was granted transactional immunity¡

He has since been indicted in an 18-count indictment. The indictment in Count One charged conspiracy to do the following: (1) to launder the proceeds derived from an illegal activity, (2) to structure currency transactions so as to avoid federal reporting requirements, and (3) to make false statements concerning a matter within the jurisdiction of the United States Department of Treasury, in violation of 18 U.S.C. §§ 371 , 1956, 1001, and 31 U.S.C. §§ 5313 , 5324. In addition, Brown was charged with 12 counts of the substantive offense of money laundering, in violation of 18 U.S.C. § 1956 , and 5 counts of the substantive offense of making false statements regarding a matter within the jurisdiction of the Department of Treasury, in violation of 18 U.S.C. § 1001 .

The district court dismissed the 12 counts charging money laundering and dismissed the…