Prosecutors in Florida and the federal government use money laundering statutes to combat criminals’ efforts to hide their activities. Indeed, money laundering is a serious crime and, if you’re charged with it, you encounter the threat of serious prison time, fines and other penalties.
The Framework of Money Laundering
In a typical money laundering scheme, a defendant receives profits from criminal activity such as the sale of drugs or other contraband.
The defendant deposits this money into a bank account, often one outside the United States or beyond a country with money laundering laws. In these locations, account holders do not need to contend with reporting rules. The account holder likely is a corporation established mainly or solely as a conduit to facilitate a purportedly legitimate purchase or other transaction
What Must Be Proved For Money Laundering?
A prosecutor must prove that the defendant knew that the profits came from the commission of a felony under state or federal law and that the transaction was intended to disguise or hide its illegal nature. (https://statelaws.findlaw.com/florida-law/florida-money-laundering-laws.html
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Lack of Knowledge
In defending alleged money launderers, criminal defense attorneys often argue that the defendant did not know about the illegal source of the money. Lack of knowledge of the specific crime that generates the profits does not defeat money laundering. A prosecutor need only prove that the defendant knew that some sort of illegal activity generated the fruits.
Often, prosecutors must resort to circumstantial evidence of knowledge. To that end, your connection to the alleged criminal activity constitutes an important factor. The less you participate in the activity deemed part of the fraud, the less you’re likely to have the requisite knowledge. For instance, a federal court held that the Government lacked sufficient evidence of a spouse’s involvement in wire fraud or her knowledge of criminal activity where she did not appear in promotions, did not understand the scheme or business model involved, or managed or operated the enterprise.
Florida and federal law apply, though sparingly, a concept of “willful ignorance” as a way to prove guilty knowledge. To invoke willful ignorance, the prosecutor must show that you believed proceeds to be the result of criminal activity but chose not to learn for yourself. Mere negligence or a lapse of judgment doesn’t become willful ignorance. Moreover, if the prosecutor advances a theory of actual knowledge, you cannot then face conviction based upon willful ignorance.
Lack of Intent
You may also defend a money laundering charge on the grounds that you did not intend to conceal or hide the criminal taint on the proceeds. Circumstantial evidence such as buying property and putting it someone else’s name, establishing corporations with no legitimate business and having third parties participate in transactions may help a prosecutor prove concealment.
Under 18 USC Section 1957, you may be convicted for engaging in a transaction involving at least $10,000 if you know the money came from criminal activity. In such a prosecution, your intent to conceal criminal activity or commit tax evasion or fraud is not a required element.
We stand ready to defend you against serious charges such as money laundering.
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