Questão jurídica principal
Whether the prior court erred in denying a predicate offence for the Middle East kickback transfers concerning A.
Decisão extraída
Yes. The prior court ignored a final Italian judgment showing the funds stemmed from criminal kickbacks and therefore arbitrarily denied the predicate offence.
Fundamentação extraída
For money laundering, certainty that the assets derive from a crime is sufficient; the exact foreign legal qualification is not decisive. The foreign conviction was an important definitive finding that the court had to consider.