Both the federal and state governments work toward preventing acts of terrorism. In New York or any other state, if you are suspected of assisting or supporting a terrorist organization in any manner, you will be arrested and aggressively prosecuted. There are a number of crimes associated with terrorism. Among those are money laundering offenses. Money laundering is a way for people involved in some sort of criminal activity to make it appear that they obtained money through legal activities, although in reality, the money is obtained illegally. There are four offenses in the New York criminal code related to money laundering. They include money laundering in support of terrorism in the first, second, third and fourth degrees. New York Penal Law 470.23 pertains to the crime in the second degree.
What Factors Contribute to Prosecution of Money Laundering in Support of Terrorism in the Second Degree?
There are a few specific criteria that determine whether you can be prosecuted for the crime of money laundering in support of terrorism in the second degree. They include:
• Knowing that property involved in one or more financial transactions is for the purpose of committing an act of terrorism or money that was given or received for the purpose of supporting terrorism. Also, conducting one or more financial transactions while intending to promote the proceeds of such a criminal conduct being committed or avoiding tax laws, concealing the nature, source, location and ownership or controlling the proceeds of a terroristic act to avoid any transaction reporting requirement as by the law and the total value of the property involved in said financial transaction exceeds $25,000
• Knowing that the property involved in the financial transaction or transactions is involved with an act of terrorism or money is given, received or intended for the use of supporting terrorism and you transmit, transport or transfer money from New York for the purpose of carrying out a criminal act; or knowing that the transport, transfer or transmission is done so in a way so that the nature, location, source, control or ownership is concealed to promote an act of terrorism by avoiding any transaction reporting requirement as per law and the total value of the money is greater than $25,000
• Conducting one or more financial transactions that involve property for the purpose of committing an act of terrorism or money is received, given or intended to be used to support an act of terrorism while intending to conceal or disguise the nature, location, source or ownership of property or money given to avoid transaction reporting as required by law and the financial amount exceeds $25,000
Example of Money Laundering in Support of Terrorism in the Second Degree
An example of money laundering in support of terrorism in the second degree is that a man created a program with the supposed purpose of awarding scholarships in the amount of $30,000 to college students. However, the students who received those scholarships are all affiliated with a terrorist group that has the intention of using the money to assist in terrorist training.
Defenses for Money Laundering in Support of Terrorism in the Second Degree
To prove that a person is, in fact, guilty of the crime of money laundering in support of terrorism in the second degree, the prosecutor has to show both a connection between the money and criminal activity involved and must tie the two specifically to terrorism. In addition, the amount of money in question has to match the requirements of the statute. A specific defense your NYC criminal attorney can use to get the charges dropped against you is to prove that one of those areas does not match up.
Penalties and Sentences for Money Laundering in Support of Terrorism in the Second Degree
Money laundering in support of terrorism in the second degree is charged as a class C felony. If you are charged and convicted of this crime, you could face a prison term of up to 15 years as well as five years of probation. The New York Penal Law 470.25 also requires a fine up to two times the amount of money involved in the money laundering.
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