Money laundering involves hiding the origin of funds procured through illegal means. Activities resembling money laundering are considered crimes under federal law, and numerous federal regulations forbid them.
Should you be convicted of these offenses, you may face significant jail time alongside other serious ramifications. Therefore, if you’re being investigated or have been accused of money laundering, it’s imperative to connect with a federal money laundering defense attorney to explore potential strategies for contesting these grave charges. Feel free to reach out to Chambers Law Firm at 714-760-4088 to explore your options.
The Burden of Proof Lies with the Prosecutor
A federal prosecutor pursuing money laundering charges must prove each element of the violation beyond a reasonable doubt. This encompasses proving that:
- The funds in question are “tainted,” or obtained through criminal activities
- The accused was aware of the money’s tainted nature before initiating any financial transaction
- The accused knowingly participated or attempted to engage in a transaction using these illicit funds with the aim of evading taxes, concealing the money’s origin, or avoiding a reporting obligation, among other objectives
How a Federal Money Laundering Defense Attorney Can Assist
Based on the specifics of your case, your attorney could help identify ways to cast doubt on each of these elements of the offense. The onus is on the government to establish your guilt beyond a reasonable doubt. The judge will instruct the jury that any reasonable question regarding your guilt or innocence should be resolved in your favor, considering the evidence at hand.
A federal money laundering defense attorney might also assist you in presenting other defenses, such as entrapment or unlawful search, or might even help you negotiate a plea deal for a lesser charge, if that’s the most beneficial strategy for you.
Considering the severe implications of a money laundering conviction, it’s wise to consult an experienced and competent criminal defense attorney as soon as you’re investigated or accused of federal money laundering.
Examining Federal Money Laundering Laws
Money laundering is prohibited under Section 1956 of the United States Code. Specifically, Section 1956 forbids anyone from:
- Engaging or attempting to engage in any financial transaction using proceeds from criminal activities with the intention of promoting illegal activities
- Carrying out or attempting to conduct any financial transaction with the aim of hiding the source, ownership, location, or control of funds obtained through unlawful activities
- Transmitting or transporting funds or monetary assets from the United States to foreign countries, or vice versa, in order to facilitate illegal conduct, or transferring funds with the knowledge that the funds originated from illegal activity
- Moving funds within or out of the United States, with the intention of avoiding government reporting requirements or to conceal the source, ownership, location, or control of the funds
- Engaging or attempting to engage in any financial transaction involving the proceeds of unlawful activities with the aim of evading taxes or avoiding other restrictions of the Internal Revenue Code
Increasingly, Money Laundering is Added to Other Charges
There’s been an uptick in prosecutions for money laundering. For instance, in healthcare fraud cases such as Medicaid fraud, where the government claims that healthcare fraud is being perpetrated, money laundering charges may also arise.
Similarly, in a government contracting fraud case, money laundering charges may be imposed on a person accused of concealing supposedly ill-gotten profits by purchasing real estate or other assets. Other examples include individuals who are suspected of criminal activities and then pay rent, utility bills, or deposit the money into a bank account with the illicit funds.
Seek Experienced Legal Aid if Confronting Money Laundering Charges
One of the smartest moves in defending yourself is to engage a competent federal criminal defense attorney who understands the intricacies of the federal court system. Contact Chambers Law Firm at 714-760-4088 now to request a free legal consultation.
