Money Laundering

Money Laundering: Types, Legal Defenses, and Federal Penalties

Money laundering involves concealing the origins of illegally obtained money, making it appear legitimate. As a defense attorney, it’s essential to understand the nuances of these cases to effectively protect clients facing such charges.

Types of Money Laundering

1. Traditional Methods: This includes structuring (breaking large sums into smaller deposits to evade reporting thresholds) and smurfing (using multiple individuals to deposit illicit funds).
2. Shell Companies: Fake businesses are created to move dirty money under the guise of legitimate transactions.
3. Real Estate Laundering: Illicit funds are invested in real estate, often through overvaluation or false buyers.
4. Digital Laundering : Cryptocurrencies and online transactions are increasingly exploited for laundering due to their anonymity and lack of strict regulation.

Common Legal Defenses for Money Laundering

1. Lack of Intent: Prosecutors must prove the defendant knowingly participated in laundering. Demonstrating the absence of intent can weaken the case.
2. Insufficient Evidence: A robust challenge to the evidence, such as questioning the chain of custody or pointing out investigative errors, can create reasonable doubt.
3. Duress: If the defendant was coerced into laundering activities under threats of harm, this can serve as a defense.
4. Entrapment: If law enforcement induced the defendant to commit laundering, it could negate culpability.
5. Mistaken Identity: Financial transactions often involve complex networks. Misidentification of the actual perpetrator is a viable defense.

Federal Penalties

Under federal law, money laundering is addressed primarily by 18 U.S.C. § 1956 and 18 U.S.C. § 1957. Penalties include:

• Up to 20 years in prison for violations of § 1956, along with substantial fines (up to $500,000 or twice the value of the laundered funds).
• Violations of § 1957 carry up to 10 years in prison, with fines proportional to the laundered amount.

Asset forfeiture, restitution orders, and other collateral consequences, such as reputational damage, often accompany these penalties.

Effective defense requires an intricate understanding of the law, aggressive advocacy, and criminal defense attorney Nate Crowley’s tailored approach to each client’s unique circumstances.

Money Laundering in California

In California, money laundering is governed by Penal Code § 186.10, targeting those who knowingly conduct financial transactions involving proceeds from criminal activity. Penalties vary based on the laundered amount and the underlying offense.

For amounts under $50,000, it’s typically charged as a misdemeanor or felony (wobbler), carrying up to one year in jail or three years in state prison. Laundering over $50,000 can lead to harsher sentences, including additional years of imprisonment. Fines may reach $250,000 or twice the laundered amount, whichever is greater.

Defenses include:

• Lack of knowledge: Arguing the accused was unaware the funds were illicit.
• Lack of intent: Showing no deliberate effort to disguise the funds.
• Illegal search and seizure: Challenging evidence obtained without proper warrants.

Given the complexities of financial crimes, effective defense requires strategic analysis of evidence and procedural violations, your case is well served by California criminal defense lawyer Nate Crowley.

Charged With Money Laundering? Consult Federal Criminal Defense Attorney Nate Crowley.

Fill out our contact form on the Home Page >https://www.natecrowleylaw.com/ 
Phone (619) 202-8188 OR email admin@crowleycrowleylaw.com