Money Laundering Charges - 18 U.S.C. § 1956
When it comes to criminal defense, money laundering charges are not to be taken lightly. They are typically prosecuted at the federal level under 18 U.S. Code § 1956, a clear indication of their severity.
The states usually don't mess around with these types of crimes, and money laundering involves people who are into illegal activities, somehow getting funds and then trying to put the funds through some business or entity to legitimize them. So, they're laundering dirty money.
So, if someone is getting paid a bunch of catches and moving that through a business, they will be charged with money laundering if the government finds out about that. I have also seen them charge it at the state level, but it's usually attached to other crimes.
For example, some drug offenses — possession for sales, sales of illegal narcotics, and then the people are making a lot of money, and then they're taking that money, and the government can somehow track the money — then they can file money laundering charges.
It has to do with someone getting illegal cash and then putting that money into a bank, a business, or a location and using that to fund whatever type of business they're working on. Still, the company is getting the money from an illegal source, and that's where the money laundering aspect of the case comes in.
Narcotic and Bank Fraud Related Offenses
Again, I see these often tied to narcotics-related offenses and other bank fraud-related offenses where people are getting money and moving money around. The government uses the money laundering statute or Penal Code section to add charges and try to take the money.
Another tactic the government employs is asset forfeiture. If you're using ill-gotten gains to fund a business or purchase property, they can attempt to seize these assets, adding another layer of urgency to your need for legal defense.
The District Attorney's office has a forfeiture unit that deals with money laundering cases. This unit is responsible for investigating and prosecuting cases where money is suspected to be the proceeds of illegal activity.
The federal government also has its own Assistant U.S. Attorneys, who try to forfeit money and keep it for the government. These attorneys are experienced in handling complex financial cases and are often successful in securing forfeitures.
If you find yourself facing money laundering charges, remember, you are not alone. It's crucial to engage an attorney. These cases are taken very seriously, but with the right legal counsel, you can navigate the process and work towards reclaiming any seized or frozen funds.
Filing Court Motions
I've done a lot of these motions, but the main thing to have a chance to get the money back is that you've got to be able to show the money was not from illegal drugs or any other illegal activity. This money was from a lawful business transaction. This money was from my job.
I can show myself putting my checks in and taking them out. Unfortunately, many people cannot do that, so they're unable to keep the money. It often gets forfeited, especially if they are convicted of a criminal offense.
In my experience, a criminal conviction significantly reduces the probability of you getting the money back. This is because a conviction for money laundering provides strong evidence that the money was obtained illegally. As a result, the government can justify keeping the money.
This is true even for assets purchased with the allegedly laundered money. For example, if you use illegal money to pay for your house, the government can try to seize it.
Especially the feds. If you're using illegal money to pay a mortgage on a house, they can mount an argument to try to take whatever equity there is in the house.
If you face money laundering charges in Los Angeles or at the federal level, it's crucial to seek the guidance of a criminal defense lawyer. Give me a call, and we'll discuss your case. I'm here to help you protect your rights, freedom, and reputation.
Related Content:
