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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

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How can a lawyer defend against federal money laundering charges?

By Spodek Law Group | October 16, 2023
(Last Updated On: October 17, 2023)

Last Updated on: 17th October 2023, 04:56 pm

How Can a Lawyer Defend Against Federal Money Laundering Charges?

Money laundering is a serious federal crime that involves concealing the source of funds obtained through illegal activities. A money laundering conviction can result in substantial fines and up to 20 years in federal prison[1].

If you are facing federal money laundering charges, having an experienced criminal defense lawyer on your side is crucial. There are various legal defenses and strategies an attorney can use to fight the allegations against you.

Understanding the Elements of Federal Money Laundering

The federal money laundering statutes under 18 U.S.C. § 1956 and § 1957 make it illegal to conduct financial transactions with money acquired through criminal activity[2]. For a prosecutor to obtain a conviction, they must prove these key elements beyond a reasonable doubt:

  • Funds from illegal activity: The money involved must be derived from a specific criminal offense, such as drug trafficking, fraud, or embezzlement[3].
  • Knowledge: The defendant must have known the funds came from illegal activities or deliberately avoided knowing the source[4].
  • Financial transaction: The defendant must have conducted or attempted to conduct a financial transaction, such as depositing money in a bank, transferring it, or using it to make a purchase[5].
  • Intent: The defendant intended to conceal the source of the funds, evade taxes, or further criminal activity[1].

If the prosecution cannot conclusively establish each of these elements with solid evidence, a defense attorney can argue for an acquittal.

Exploring Possible Defenses

There are several legal defenses an experienced lawyer may use to fight federal money laundering charges, including:

Lack of Criminal Source of Funds

If the funds did not actually come from illegal activities, then there can be no money laundering conviction[3]. An attorney can investigate the source of the money and provide documentation showing it came from legitimate business activities or other legal sources.

No Knowledge of Criminal Source

It’s not enough to show the money came from criminal acts – the defendant must have known or deliberately avoided knowing the source was illegal[4]. A lawyer can argue the client had no knowledge or reason to know the money’s origin.

No Financial Transaction Occurred

Simply possessing alleged dirty money does not constitute money laundering. The prosecutor must prove the defendant deposited, transferred or spent the funds in some way[5]. If no transaction occurred, there is no basis for the charges.

No Intent to Conceal Source or Promote Illegal Activity

The government must demonstrate the defendant specifically intended to hide the source of the money or use it to further criminal activity[1]. A lack of evidence of intent can defeat the charges.

Constitutional Violations

If evidence against the defendant was obtained illegally through an improper search or seizure, it may be excluded[2]. Suppressing evidence could cripple the prosecution’s case.

Mounting an Aggressive Defense

An experienced federal money laundering attorney will thoroughly analyze the prosecution’s case and identify its weak points. They will obtain all evidence through the discovery process and look for holes in the paper trail that casts doubt on the supposed illegal source of funds.

Identifying credible witnesses who can provide alternate explanations for cash deposits or asset purchases can also be helpful. Retaining a forensic accountant to review financial records and challenge the prosecution’s figures is often a key strategy.

An attorney may also negotiate with prosecutors for reduced charges or a favorable plea deal if the evidence is strong. But if weaknesses can be exposed, they will aggressively pursue acquittal at trial.

Mounting an effective defense requires in-depth knowledge of complex federal money laundering laws and proven experience handling these cases. Qualified legal counsel makes all the difference.

Sentencing Mitigation if Convicted

If convicted despite the best legal defense, experienced counsel can advocate for the lowest possible sentence under federal guidelines. Factors that may help reduce a client’s sentence include[6]:

  • Minimal prior criminal history
  • Cooperation with authorities
  • Limited role in the offense
  • Personal circumstances of the defendant
  • Charitable activities and community service

An attorney can argue these mitigating factors justify a lighter punishment. They may also negotiate with prosecutors regarding cooperating with further investigations in exchange for a reduced sentence.

Finding the Right Federal Money Laundering Lawyer

Facing federal money laundering charges is daunting, but an experienced attorney can strategically defend your rights, freedom and reputation. Be sure to choose counsel with specific expertise in federal criminal defense, not just general practitioners.

When researching defense lawyers, look for these important qualifications:

  • Extensive experience defending federal money laundering cases
  • Strong track record of positive case results
  • Knowledge of federal laws, sentencing guidelines and prosecutors
  • Resources to thoroughly investigate your case
  • Ability to negotiate firmly with prosecutors
  • Courtroom litigation skills if your case goes to trial
  • Focus on personalized attention and communication

Don’t leave your defense to chance – consult with a qualified lawyer as early as possible. An aggressive and strategic legal defense can make all the difference in achieving the best possible outcome if faced with federal money laundering charges. The stakes are high, but experienced counsel levels the playing field.

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