One who is being charged with money laundering in the second degree should know the specifics of these charges, and should contact legal representation right away. Hiding money from illegal operations and trying to falsify the profit as legitimate earnings through other sources, or conspiring or aiding in this behavior, could head to money laundering charges in the second degree. For the consultation with an attorney, the accused should have all their financial information, such as bank statements, business reports, tax returns and more.
The degree of money laundering is determined by the amount of money laundered, and how it was laundered. Guilt of money laundering would include knowing a financial transaction taking place is against federal tax law, is occurring to hide criminal activity, or to hide an amount over $50,000 dollars. One who transports the money and promotes carrying on the criminal activity, hides the location and the nature of the criminal activities producing the money, and avoids reporting money or transactions over $100,000 dollars is also guilty. Any item used in the act of money laundering, such as a new NYC car lease, can be stripped.
The lawyer will have to see how much money was moved, when it was moved, and what the alleged launderer’s involvement was. Phone records, electronic message trails, and even social media accounts can all be used in the case, and nothing should be hidden from a lawyer. The lawyer will know before the court date if they have a chance to fight the case, or if they may have to work a plea deal to reduce the charges and punishments during sentencing.
For a judge to convict someone of money laundering, they must have proof that the person was fully aware of the money laundering, and that they were involved in the transactions. If the alleged launderer can prove that they were misled, lied to, and that they had no knowledge of the transactions or illegal activity, they will have to prove this to prove their innocence. If they are unable to get out of the charges, they could be facing a number of ramifications.
Second degree money laundering is a class C felony. One could get the maximum sentence of 15 years in prison, along with an additional 5 years of probation. The charged person could also have to pay twice the amount of the money that was laundered in fines and fees back to the state or federal government. Along with the legal punishments, one will have this charge on their personal record, which could prevent them from getting hired, volunteering and more. Probation can be a long process with a lot of restrictions, and those who violate the terms of their probation can end up with additional legal problems.
Anyone who has been contacted by the authorities, brought in for question, or has been told that they are under investigation as a suspect for money laundering in the second degree needs to seek a consult with a New York City criminal lawyer. This type of criminal charge could end up ruining one’s business, finances, and the long term factors in their life, and putting together a case as soon as possible is best. One is innocent until they have been proven guilty in the court of law, and your lawyer may look at the situation and decide that it’s best to work out a plea deal with the judge and settle the case.
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