Money Laundering Charges

Money laundering charges and penalties can
be serious. We know what it takes to win.

The government may file money laundering charges against someone who has engaged in a financial transaction that was intended to take money obtained through criminal activity (“dirty money”) and use it in such a way that it appears to be money obtained from a legitimate source (“clean money”). It is called “laundering” because it is a process where someone is attempting to take dirty money and make it clean.

 

In this video, Page Pate explains the different types of money laundering charges under federal law. Page also shows how our firm uses creative legal defenses to effectively respond to money laundering charges in court.

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Rarely is someone charged with just a money laundering offense. We usually see money laundering charges brought in cases where someone is being accused of drug conspiracy, mail and wire fraud, racketeering (RICO), or some other financially motivated crime.

The government can also use undercover “sting” operations to investigate and prosecute money laundering offenses where the money is not actually “dirty money.” In these “sting” operations, an undercover agent can say that the money is “dirty” even if it is clearly not.

In addition to these crimes, federal law also makes it illegal to enter into an agreement to commit money laundering. Money laundering conspiracy charges are often brought against people who have only played a small role in the alleged criminal activity. In order to prove that someone is part of a money laundering conspiracy, the government must show that there was an agreement to launder money and that the person knew about the agreement and wanted to join in it. The government does not have to prove that the person actually handled the money or did anything specific to assist the money laundering offense.

Money laundering is a serious crime under federal law. A violation of 18 U.S.C. §1956 can result in a sentence of up to 20 years in prison. A violation of 18 U.S.C. §1957 can result in a sentence of up to 10 years in prison. As with most federal financial crimes, the exact sentence will be determined primarily by the amount of money involved in the offense.

Read more about our firm’s success in federal criminal cases.

To learn about what happens in a federal criminal case, watch our federal crimes video.

If you want to know how to get the lowest possible sentence in federal court, watch our video on the Federal Sentencing Guidelines.

Defenses against Money Laundering Charges

In any money laundering case, other than an undercover “sting” operation, the government must prove that the money was in fact derived from a specific criminal activity under federal law. The government must also prove that the person being charged was aware that the money had been obtained from criminal activity.

While the government does not have to prove that the person was aware of the specific crime involved, the government must show that the facts and circumstances of the case would be enough to lead a reasonable person to conclude that the money included the proceeds of illegal activity. A person is not guilty of money laundering if they simply accept money without knowing that the money was obtained through criminal activity.

To convict someone of money laundering, the government must also show that there was a monetary or financial transaction involved. This generally means that the government would have to show that the person did something with the money other than put it in a safe or their closet. Depositing the money in a bank or spending the money in any way that helps promote or conceal criminal activities would normally be enough to show that a financial transaction was involved.

Of course, in any case other than an undercover “sting” operation, the government must show that the money involved in the case actually came from the commission of one of a list of specific crimes covered by federal law. If the money was not derived from one of these specific criminal activities, there can be no money laundering conviction regardless of how the person obtained the money or what the person did with it.

If You Need Help, Call Us

Federal money laundering laws can be incredibly complicated and tricky. For over 20 years, our firm has helped clients fight money laundering charges in federal courts across the United States and in several foreign countries.

While most of our clients contact us as soon as they think they may be a target of a federal money laundering investigation, we are also frequently hired by people when they have become dissatisfied with their current lawyer because the lawyer is either not very experienced in federal money laundering cases, or the lawyer has not been giving the client the time and attention he or she deserves. When we are hired in this situation, we can either assist the client’s current lawyer or take over the case completely, depending on what is best for the particular client.

We also help people who may be experiencing the stress of a federal criminal case for the first time and would like a “second opinion” about the strength of the government’s case. We can share our expertise in federal money laundering cases with the client and the client’s current lawyer and help them make what is often a life-changing decision about accepting a proposed plea agreement or taking the case to trial.

In addition to helping our clients win favorable resolutions or “not guilty” verdicts in federal money laundering cases, we also assist clients in federal criminal appeals, sentencing hearings and grand jury investigations involving related allegations.

If you or someone you know is currently facing money laundering charges in federal court, give us a call and we will let you know if we can help.

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