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How Long Is a Federal Sentence for Money Laundering?

Money laundering is a federal white-collar crime that can result in significant penalties, including decades in prison. The Money Laundering Control Act of 1986 establishes details of this crime and consequences that defendants may face for violating the law. Under federal law, you could face up to 20 years in prison and hefty fines.

What Is Money Laundering?

Money laundering occurs when an individual disguises the source, amount, or destination of money obtained by illegal means. This often happens through bank transfers and interactions with legitimate businesses. Funds are usually obtained through embezzlement, fraud, drug trafficking, or other unlawful activities.

Money laundering is often associated with other crimes, such as racketeering, tax evasion, credit card fraud, cryptocurrency crimes, and white-collar crimes that may be added or lesser included charges.

Domestic Money Laundering

Domestic money laundering is often associated with false organizational operations. An individual may form a business and transfer money between domestic bank accounts. The more money is transferred, the harder it is to track. To avoid money laundering charges, it’s important to carefully track every penny in personal and business accounts.

International Money Laundering

Many money laundering activities take place between domestic and international bank accounts. International bank accounts are more difficult to track. This makes it easier for an individual to hide the source, amount, and destination of money. International money laundering may result in criminal charges in more than one country.

Undercover “Sting” Laundering Operations

If the government suspects money laundering is occurring, they may set up an undercover “sting” operation. A sting operation creates a situation where an individual may take part in money laundering where they would not otherwise. Sting operations are often considered “entrapment,” where the police persuade an individual into illegal activity.

Federal Sentencing for Money Laundering

There is no mandatory minimum sentence for federal money laundering charges. However, the penalties can be severe. The government views money laundering very harshly.

A money laundering conviction could result in up to 20 years in federal prison. Additionally, you will likely face a fine of up to $500,000 or twice the value of the property involved in the laundering, whichever is greater.

Money laundering convictions are often combined with other charges, such as racketeering. By combining the offenses, you may face even stricter penalties.

Sentencing Factors

Although the maximum penalty for money laundering is significant, it is unlikely that a person will receive the harshest consequences unless aggravating factors are present. If you are a first-time offender, your criminal defense lawyer can present mitigating factors to lessen your sentence.

Some mitigating factors that may make your sentence less harsh include:

• This is your first criminal offense
• You can quickly pay all fines and restitution
• You opt for alternative punishments like community service
• You weren’t aware of the circumstances surrounding the crime
• You didn’t know the source of the money
• Extent you worked with or assisted law enforcement
• Lack of knowledge of specific facts
• Whether you take a plea bargain or go to trial

Aggravating factors can also make your sentence worse, up to the maximum length of time in prison. Those aggravating factors include:

• Extent to which you were involved in the crime
• Knowledge of what took place
• Involvement of other individuals in the crime
• Length of time the activities occurred

Defending Against Money Laundering Charges

Your money laundering defense attorney can attack the allegations against you in many ways. Some common defenses and strategies used include:

• There was no underlying criminal conduct
• You did not have the requisite intent to commit the crime
• You did not know that the money was from an illegal source
• There was an illegal search and seizure
• You were not read Miranda rights
• You were not provided with legal counsel when requested

Any illegally obtained evidence, including your own statements, may be excluded from the case. If the judge grants a motion to exclude evidence, the prosecution may not have enough information to sustain charges against you, and your case may be dismissed.

A Criminal Defense Lawyer Can Help

Money laundering charges result in severe penalties that seriously affect your private and professional life. You need to work with a white-collar crime lawyer who can protect your legal rights and reputation.

Call Harrison & Hart, LLC today at (505) 295-3261 or contact us online to schedule a consultation.

How to Hire a Federal Criminal Defense Lawyer

If you or a loved one has been federally indicted (charged with a federal crime), you need to quickly hire an attorney you can trust. Whatever you do, don’t talk to the feds without your federal criminal defense lawyer present. You can make some considerations to ensure you get the right person on your side.

Tips for Hiring the Right Federal Criminal Defense Lawyer

No one wants to hire an attorney. However, working with the right federal criminal defense lawyer can help you avoid the worst parts of the entire situation.

Ask About Their Experience

You should ask all potential lawyers about their experience with cases like yours. If you face federal embezzlement charges, you will want a federal lawyer familiar with white-collar crimes.

Some attorneys focus on murders or sex crimes. You need someone who has specifically worked with the laws that will be used to target you.

You also need someone who knows federal law inside and out. Some attorneys primarily practice in state courts and aren’t as knowledgeable about federal laws, court processes, and penalties.

Discuss Fees

All attorneys charge fees, but some take money in different methods or for various types of services. You need to clearly understand the costs of your legal services and how you will be charged.

Most federal criminal defense attorneys request an up-front deposit called a retainer. They will generally charge an hourly rate and pull from the retainer until it is exhausted or to a certain level. Then, you will be expected to replenish that retainer.
You should also clearly understand what you will be charged for. For example, you may have to pay for court costs, but you may also have to pay for copying and postal expenses. Your attorney’s office should give you a list of standard costs they apply to your account in addition to legal fees for the attorney’s time.

Above all, the most important thing for you to know is your attorney’s hourly rate or flat fee. If your attorney charges you by the hour, keep in mind that means money for every email and text message. A flat fee is less common for criminal defense attorneys, and you may not get as many services with a flat fee.

Gauge Their Communication Skills

You should ask your attorney how they communicate with clients, including how often and who will return calls. Some lawyers use a lot of “legalese,” or confusing legal language, that takes time to understand. You want to work with someone who uses plain language and calls you back quickly.

When you discuss your case with your attorney, you should get an idea of their ability to speak and write persuasively. They must use available evidence to persuade the court or jury to rule in your favor. You can do this by asking about your best arguments and what information supports those claims.

Arrange a Consultation

Your attorney should address these questions and any other concerns during a consultation. When you initially call a law firm, you will likely speak with an administrative professional. However, your consultation should be with an actual federal criminal defense attorney.

During your consultation, you can ask about the outlook for your case. A good lawyer will be honest and truthfully tell you the chances you have of receiving a positive outcome. If things don’t look great, your attorney can at least tell you some alternatives to the harshest penalties and how they can help you avoid the worst-case scenario.

Learn More from a Federal Criminal Defense Lawyer

Before you decide which federal criminal defense lawyer you want to hire, ask them enough questions that you are comfortable with their representation. You must trust them with personal information, some of which may be incriminating. Be honest with your potential lawyer and know that everything you share with them is privileged.

The federal criminal defense attorneys at Harrison & Hart, LLC have helped countless people facing federal indictments. We develop strategic defenses that help our clients get the best outcome possible in their cases. Call us today at (505) 295-3261 or contact us online to schedule a consultation.