Money Laundering

Money Laundering is a significant criminal offense with harsh penalties like lengthy prison terms and hefty fines. If you or someone you know is faced with a money laundering allegation or charge, having experienced legal counsel advocate on your behalf can make a meaningful difference in the courtroom.

Money laundering occurs when someone makes large amounts of money (also known as "dirty money") from criminal activity and then attempts to hide or conceal the source, amount, or destination of the funds. Examples of criminal activity include drug trafficking and embezzlement. The point of concealing the true origins of the money is to make it appear to authorities that the money came from lawful sources.

The Money Laundering Cycle

The three stages of money laundering are placement, layering, and integration.

  • Placement: Here, the illegal funds enter the legitimate financial system, like a bank account.
  • Layering: Under this stage, the person moves the illegal funds, concealing its source to make it more difficult for someone to trace. Ways to conceal funds include wiring or transferring monies to off-shore bank accounts.
  • Integration: Lastly, the funds reemerge in the economy through legitimate transactions, making it seem like the funds belong to legitimate sources.
Money Laundering Definitions

Some helpful money laundering definitions are:

  • “Financial transaction”: Title 18 U.S.C. § 1956(c)(4) defines “financial transaction” as one which affects interstate or foreign commerce and involves the movement of funds by wire or by other means and use of a monetary instrument.
  • “Specified unlawful activity”: Title 18 U.S.C. § 1956(c)(7) includes a whole host of crimes in its definition of specified unlawful activity. These offenses include embezzlement, bribery, and healthcare fraud.
  • “Money instrument”: Defined under 18 U.S.C. 1956(c)(5), a money instrument includes U.S. or foreign coin or currency, travelers’ checks, personal checks, bank checks, and money orders, or investment securities or negotiable instruments, like a promissory note.
Money Laundering Statutes

The two primary money laundering statutes are Title 18, United States Code, Sections 1956 and 1957.

  • 18 U.S.C. § 1956: Under this provision, one must conduct or attempt to conduct a financial transaction knowing that the property involved in the financial transaction derives from some form unlawful activity.
    • The government must prove each of the following elements beyond a reasonable doubt:
      • The defendant knowingly conducted or attempted to conduct a financial transaction;
      • The defendant knew that the property involved in the financial transaction represented the proceeds of some form of unlawful activity;
      • The property involved in the financial transaction did, in fact, involve the proceeds of specified unlawful activity; and
      • The defendant engaged in the financial transaction knowing that the transaction was designed, in whole or in part, to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity.
  • 18 U.S.C. § 1957: One violates this statute if they knowingly engage or attempt to engage in a monetary transaction exceeding in criminally derived property valued at over $10,000.
    • The government must prove each of the following elements beyond a reasonable doubt:
      • The defendant knowingly engaged or attempted to engage in a monetary transaction;
      • The defendant knew that the transaction involved criminally derived property;
      • The criminally derived property’s value was greater than $10,000;
      • The criminally derived property did, in fact, derive from a specified unlawful activity; and
      • The monetary transaction took place in the United States or outside the United States and the defendant is a U.S. person.
Money Laundering Penalties

One facing a money laundering charge risks a lengthy federal prison sentence and the need to pay significant amounts of money in restitution. A conviction under 18 U.S.C § 1956 comes with a possible prison term of 20 years and/or a fine of up to $500,000 or twice the value of the money that was laundered, whichever is greater. A conviction under 18 U.S.C. § 1957 carries a sentence of up to 10 years in federal prison.

Legal Counsel

The possibility of going to prison and having a criminal record can have significant ramifications on one's reputation and livelihood. Not only does a money laundering conviction carry with it a stigma of being a federal felon, but it can affect other aspects of your life, like revocation of professional licenses and if you are a non-U.S. citizen, deportation.

Peter Katz is an experienced former State and Federal prosecutor who has prosecuted many white-collar cases during his over two-decade career. Peter is ready to bring that experience to your case and work tirelessly on your behalf to protect you and your rights. Call the Law Offices of Peter Katz at (609) 734-4380 or online to begin preparing your defense today!