Taking steps to conceal the origin of illegally obtained money is called money laundering. Money laundering is illegal under federal law, with numerous federal statutes that prohibit money laundering and related offenses. Anyone convicted of these offenses could be sentenced to a lengthy prison term and may face other serious penalties. When a person is under investigation or has been charged with money laundering, they should strongly consider speaking with a DC federal money laundering lawyer to learn the options available to fight these serious charges.
The Role of the Prosecution
The federal prosecutor who brings the charges has the burden of proving every element of a money laundering offense beyond a reasonable doubt. This means the government must show:
- The money is “tainted” or was obtained from some underlying criminal offense.
- The person was aware that the money was tainted before becoming involved in a financial transaction.
- The person conducted or attempted to conduct, a transaction involving this illegally obtained money for some unlawful purpose including, but not limited to evading taxes, hiding the origins of the money, or avoiding a reporting requirement.
How a DC Federal Money Laundering Lawyer Could Help You
Your attorney can help you to find ways to introduce doubt about any one of these elements of the crime, depending on the particular facts and circumstances of your case. It is the government’s burden to prove your guilt beyond a reasonable doubt. The judge will instruct the jury that any reasonable doubt regarding your guilt or innocence, based on the evidence, should be resolved in your favor.
A DC federal money laundering lawyer could also help you to raise other defenses such as entrapment or an illegal search, depending on the specific facts present in your particular case and can also assist you in negotiating a plea bargain to a lesser offense, if this option is in your best interest. With such serious penalties associated with a conviction for money laundering, it is a smart choice to contact an experienced and capable criminal defense attorney for help as soon as you are under investigation or charged with federal laundering money.
Federal Laws Prohibiting Money Laundering
18 United States Code Section 1956 prohibits money laundering. Specifically, Section 1956 prohibits anyone from:
- Conducting or attempting to conduct any type of financial transaction involving the proceeds of unlawful activity in order to promote the illegal activity.
- Conducting or attempting to conduct any type of financial transaction designed to conceal the origin, ownership, location, source, or control of funds obtained through participation in illegal activity.
- Transmitting or moving money or funds from inside the U.S. to outside the U.S., or from outside the country into the U.S. in order to promote unlawful activity, or to transferring funds with knowledge that the funds came from unlawful activity.
- Transmitting or moving money from inside the U.S. to outside the U.S., or from outside the U.S. into the country, in order to avoid triggering governmental reporting requirements or to disguise the source, ownership, location, or control of the funds.
- Structuring any financial transactions involving the proceeds of unlawful activity in order to avoid triggering state or federal reporting requirements.
- Conducting or attempting to conduct any type of financial transactions involving the proceeds of unlawful activity in order to avoid tax obligations or obviate other provisions of the Internal Revenue Code.
How Money Laundering is Typically Charged
Money laundering is being charged in an increasing number of cases. For example, in the healthcare fraud arena where the government alleges that someone was engaging in healthcare fraud, such as Medicaid fraud. Money laundering may be charged in government contracting fraud cases where someone is alleged to have concealed an alleged, ill-gotten gain by purchasing a home or other items. Another example of money laundering is when a person is alleged to have engaged in illegal activity, and then took the money and simply paid rent and utility bills or put it in a bank account.
Contact a DC Federal Money Laundering Attorney Today
Working with a qualified and experienced federal criminal defense attorney who knows the federal court system where the case will be heard is a good way to help protect oneself from the very beginning.
Call our law offices today to learn more about how a DC federal money laundering lawyer could help.
