Albuquerque Money Laundering Attorney

However, a charge doesn’t mean you’ll be convicted. Your money laundering attorney will do everything to help you avoid spending a significant part of your life behind bars.

Contact Harrison & Hart, LLC to retain an assertive legal advocate focusing on federal and white-collar crimes. Schedule your confidential consultation today and learn more about your potential defense options.

What is Money Laundering?

Money laundering occurs when an individual has obtained money or property through unlawful or illegal activities, and they try to conceal the source of the funds by processing it through multiple transactions. There are three primary elements to money laundering offenses:

• Depositing illegal funds into a bank or other financial institution
• Using the illegal funds across various transactions
• Withdrawing the funds from a legitimate bank account

Under U.S. Codes 1956 and 1957, money laundering is illegal when an individual knows that the funds in question were obtained through illegal or unlawful activities. You can face criminal charges for money laundering if you:

• Attempt to conceal the source of the unlawful funds
• Continue to encourage the unlawful activities generating funds
• Transport the illegal money in or out of the United States
• Refuse to report the funds to state and federal agencies

Many people unknowingly get involved in money laundering schemes until they face criminal investigation or arrest. If you have been accused of money laundering, make sure you take steps to protect yourself and retain a criminal defense attorney to help clear your name.

U.S. Laws About Money Laundering

Common laws related to money laundering include:

• Domestic money laundering transactions under 18 U.S.C. § 1956(a)(1)
• International money transactions under 18 U.S.C. § 1956(a)(2)
• Undercover “sting” money laundering transactions under 18 U.S.C. § 1956(a)(3)

There are other laws related to money laundering that you should know and that could have an impact on the outcome of your case:

• The Money Laundering Control Act – Under 18 U.S.C. section 1956, individuals are prohibited from conducting or attempting to conduct financial transactions using funds they know have been earned through unlawful criminal activity. This includes “smurfing” transactions, violating tax laws, and concealing the source of the funds in question.
• The Travel Act – Under 18 U.S.C. section 1952, it is against the law for an individual to travel with the intent to distribute funds earned through certain types of criminal activities. This criminal offense is punishable by a maximum prison sentence of five years.
• The Money Laundering Suppression Act – Under the Money Laundering Suppression Act of 1994, financial institutions must implement enhanced training measures and examine their requirements for reporting suspicious activity to law enforcement.
• The Anti-Money Laundering Act of 2020 – According to the Anti-Money Laundering Act of 2020, whistleblower protection provisions and awards are expanded, and banks will face more severe penalties, particularly in cases of habitual offenders.

Penalties for Money Laundering

There are severe penalties if you are convicted of money laundering. Since many money laundering offenses are prosecuted at the federal level, you could expect to spend up to 20 years in prison and pay fines as high as $500,000.

Collateral Consequences

You could be placed on probation, ordered to complete community service, or required to attend mental health counseling or drug or alcohol treatment.

Other collateral consequences of a money laundering conviction could include child custody or visitation problems, loss of firearm rights, and the destruction of your professional and personal reputations.

You Could Be Charged with Related Offenses

If you are charged with money laundering alongside another white-collar crime, the penalties you could face may be more severe. This is particularly true as criminal offenses prosecuted at the federal level are often not eligible for concurrent sentences. If you hope to avoid the fallout of a conviction, make sure you take steps to defend yourself.

What’s the Process in a Money Laundering Case?

Here is a basic idea of what to expect in your money laundering case:

• Police will arrest you and file a police report
• You will be brought to a local police station, where you will be booked
• The grand jury will review the evidence to determine whether there is sufficient evidence to proceed with your case
• If you are indicted, you will have the opportunity to enter your plea and request bail
• In the discovery phase, the prosecutor and your attorney will exchange evidence to prepare for trial
• At your preliminary hearing, your attorney will be able to work with a prosecutor to obtain a plea agreement or pretrial motions to dismiss unlawfully obtained evidence
• If your case goes to trial, your attorney will present evidence to refute your guilt beyond a reasonable doubt

Federal Investigations

If you face federal charges, there’s likely an ongoing federal investigation or one that’s about to start. Federal investigations often involve multiple charges and can last for an extended period, from weeks to months to years.

By the time you are notified of an investigation, it’s likely the government has extensive evidence, so hiring a defense lawyer is critical in your defense.

Common Defenses Against Money Laundering

For the prosecutor to prove that you are guilty of money laundering, they must show that the funds in question were obtained through criminal activity and that you knew the funds were obtained through illegal activity.

By challenging the elements of the money laundering offense, your attorney may obtain an acquittal. They could get unlawfully obtained evidence suppressed, which could result in reducing or dismissing your charges.

Turn to an New Mexico Money Laundering Attorney

A money laundering conviction could alter the rest of your life. If you hope to protect your future, make sure you have an experienced Albuquerque money laundering lawyer at Harrison & Hart, LLC advocating for you.

Our firm has extensive experience in dealing with federal and white-collar crimes. To learn more about the defense options most suited for your case, reach out to our office for a confidential case evaluation. You can complete our secure contact form or call our office (505) 295-3261.