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Federal Money Laundering Lawyer

Why would you be charged with money laundering?

You could be charged with money laundering if the government suspects and believes it can prove that the money you have is from an illegal source, or comes from an illegal operation, like drug trafficking. If you are convicted as a money launderer, you could face significant prison time, huge money fines, deportation, and have a hard time finding a job in the future.

Arizona considers you a money launderer if you have illegal money. When the money is put through otherwise legitimate bank transfers or commercial dealings to hide that it’s from illegal transactions, that triggers federal jurisdiction. Trying to “clean” the “dirty money” to make it appear legitimate is illegal.

What Is Money Laundering?

When you launder your clothes, you clean them. Money laundering follows the same idea. The purpose of money laundering is to take “dirty” money and “clean” it. This is why money laundering is not typically something that is charged on its own. For someone to have dirty money, they most likely were participating in some activity that made it dirty. In other words, they were involved in illegal activity that resulted in them receiving money.

Many people are probably most familiar with this idea as it relates to drug trafficking. Shows like Breaking Bad, where the main character uses a car wash to launder his drug money, demonstrate the basic idea of money laundering. It’s not just drug trafficking, though, that relies on money laundering but also things like fraud and embezzlement. Basically, anywhere someone is receiving a sizable amount of money without a clear source can be an indication of criminal activity. Financial institutions keep an eye out for these kinds of things.

The process of cleaning the dirty money is an attempt to get the money into the financial system so that it can be used legitimately, without raising suspicion. This process typically starts with an attempt to discreetly deposit the funds into a major financial institution. This could be done by depositing it into the account of a business that regularly receives cash payments. It may, though, just be deposited directly. From there, the scheme typically involves “layering” the money, which means sending it through a bunch of complex financial transactions and different institutions. The idea is to create a kind of maze that makes it nearly impossible for regulators to trace the money back to its source. This could even involve sending the money through offshore bank accounts. Finally, the money makes its way to what appears to be a legitimate account and is used from there.

Money Laundering Penalties

On its own, money laundering carries significant penalties. It is a serious crime and, depending on the charges and sentencing, can result in fines of up to $500,000 or twice the value of the money that was laundered. It can also result in a prison sentence as long as twenty years. These federal charges can also lead to consequences like asset seizure and forfeiture. This means that the government may take and do what they deem fit with any assets, such as vehicles, cash, or property, that were gained from the money laundering scheme.

There are several different factors that the courts may take into consideration when determining a sentence for money laundering. These include:

The defendant’s criminal history
The number of victims
The nature of the defendant’s role
The losses sustained by the victims
The defendant’s remorse or lack thereof
If the funds came from a public program
If the funds were sent internationally
The severity of the crime

Money laundering is often not charged alone. It may be paired with other criminal charges related to the source of the funds, such as drug trafficking, fraud, or embezzlement. For instance, crimes like securities fraud, mortgage fraud, or credit card fraud are commonly paired with the charge of money laundering. These charges can significantly increase both the fines and the length of the sentence. That’s why it’s important to make sure that you work with a good criminal defense lawyer when faced with money laundering and other related charges.

Other Consequences of a Money Laundering Conviction

The consequences of a money laundering conviction are not limited to the legal penalties, either. A conviction will mean a criminal record, which carries with it a number of professional and social costs, even if they aren’t legally mandated. The criminal record will show up on background checks that will be run by employers. This can make it difficult to get a job, particularly any occupation that involves managing money.

Additionally, background checks are run by universities, and it can be difficult to get accepted into a college with a criminal record. If you do happen to get accepted, it’s likely that you would not be able to secure any student loan funding as, for most programs, a criminal record is an automatic disqualification. The same is true for many professional licenses and, for others, it can be a significant hindrance.

On top of all those issues is the social stigma that can come with a criminal conviction. The reality of the situation can put a strain on relationships with friends, family, and others. It’s important to take every step you can to avoid all the negatives that come with a money laundering conviction.

Money Laundering Defenses

There are a few different things that the prosecution could attempt to prove to get a money laundering conviction. These could include demonstrating that the defendant:

Used proceeds from an illegal activity to conduct transactions.
Transported, transferred, or transmitted funds from an illegal activity.
Tried to evade reporting requirements with transactions.
Intentionally and knowingly tried to conceal the ownership, nature, or source of proceeds from illegal activity.

Although there are many different forms of money laundering that the prosecution can attempt to prove, a conviction will ultimately depend on their being able to prove two things:

The defendant committed an illegal money laundering act.
The defendant did so knowingly and for the purposes of concealing or promoting an illegal action.

It’s important to remember that the burden of proof is on the prosecutor. They must prove “beyond a reasonable doubt” that the defendant committed the act and did so knowingly.

Therefore, a defense does not need to prove innocence to receive a “not guilty” verdict. It only needs to be able to create a reasonable doubt. One way to do this is through attacking the legitimacy of the evidence presented by the prosecution. As long as a reasonable doubt about the evidence can be encouraged, then the defendant should go free.

Defenses If You Committed the Crime

There are, though, situations where the proof that the activity occurred is so thorough that it cannot be argued against. This is often the case with something like money laundering because, once a scheme is discovered, a paper trail may be established through bank and financial institution records. This doesn’t mean, though, that there is no hope for these cases. There are a number of possible defenses that could still be used. These include:

Illegal Search and Seizure – There is a legal process, typically involving warrants, that must be observed when the police seek to gather evidence for prosecuting someone. If that process is not properly followed, then that evidence is inadmissible in the trial, which could severely hamper the prosecution’s efforts.
Lack of Knowledge – A key component that the prosecution must be able to show is that the defendant knowingly was working with funds that came from an illegal activity. If the defense can show that they were generally unaware of the source of the funds, then they may be able to successfully win the case. In situations where the money goes through several different ‘layers’ of financial transactions, this may prove to be an effective defense.
Entrapment – There are times when law enforcement officers attempt to bait someone into committing a crime. It can be argued that these are crimes that these people wouldn’t otherwise commit. If that defendant was encouraged by law enforcement in this way, then entrapment may be a viable defense.
Lack of Intent – Another element that the prosecution must be able to prove is that the defendant had the intent to conceal the fact that the funds involved were the proceeds of an illegal activity. This can be an issue that a defense lawyer can specifically challenge.

What Your Money Laundering Lawyer Is Responsible For

Your federal money laundering lawyer is responsible for seeing that your rights throughout the judicial proceedings are defended and that you are given a chance to challenge the prosecution in court. It can be valuable to communicate with a lawyer as early on in the process as possible, as you have rights that extend before any arrest. For instance, you have a right to not be subject to illegal searches. You also have a right to avoid self-incrimination and to stay silent. A lawyer can help ensure that all these rights are respected. We can help keep you from incriminating yourself and prevent you from discarding any counter-evidence that could disprove the prosecution’s case.

If you are arrested, it is our responsibility to defend you throughout the legal process. Before the trial, we perform our own investigation and begin to build a defense. We need to consider how the prosecution will make their case to find the weaknesses that can be challenged. Depending on the nature of your case, you may be offered a plea bargain, and that may be the more desirable option. If that’s the case, then we can help negotiate an agreement that works. If the case goes to trial, it’s our job to represent you throughout the process. We can work to put up a formidable defense on your behalf.

Sometimes, even with a strong defense, a guilty verdict comes back. If that’s the case, we can argue for a lighter sentence based on mitigating factors. Even beyond sentencing, we can help with any possible appeals that may be made.

Federal Money Laundering Cases Vary Widely

Not all charges are for large operations. For example, the government may allege that the defendant lied about income when applying for government assistance like health care. That case may be based on only a one-time funds transfer.

However, the big cases are complex. International investigations, like those that track the flow of drug trafficking funds across the US to Mexico, involve wiretaps, search warrants, subpoenas and informants. The government uses all of those methods to draw a global picture of the money flow. In large investigative cases, months or years can pass before someone is arrested on the accusation of being a money launderer.

When we find potential issues in the government’s investigation and evidence, it lets us challenge the money laundering case. Your Ralls & Wille team will investigate your finances too, to help show that your financial transactions are legitimate.

Whether the charges brought against you are for a large or small case, you can rely on Stephen G. Ralls and Grant Wille to examine all areas of the government’s investigative process. Our counter-investigation effort goes deep to give you the best chance possible for a not-guilty verdict at trial, or the ability to negotiate a plea. Contact us today.

Tucson Money Laundering Lawyer