A Criminal Attorney Explains New York’s Money Laundering Laws: What You Need to Know

You need to speak with a criminal attorney if you have been accused of money laundering.  Most people think of a mob ring when they hear the term “money laundering”.  In the real world, people are accused of this crime even if they aren’t part of an organized crime syndicate.  In fact, some people are charged with money laundering that had no idea they were involved in the scheme.

The process of money laundering is when funds that are acquired through criminal activities are hidden from the government in an attempt to make the funds seem legitimate.  By attempting to hide the source of the funds, a person would be “washing” the money, thereby “money laundering”. In the movies, this typically involves a high-powered banker and a mob boss. In real life, this could be as simple as purchasing an item in cash so as to avoid the paper trail after the funds were received from illegal activity.

In New York, you can be charged with money laundering if you committed a crime in or out of the state, as long as it breaks a state law.  Some of the common and basic forms of laundering are receiving funds from doing something illegal like selling drugs or pirated movies, and taking those funds to go and purchase an item;  for example, buying a car with drug money.  The funds exchange hands in an effort to hide the source of cash and keep it from the watching eyes of the government.  Otherwise, if the funds were obtained legally, such as from an employer, they would probably be deposited into the bank.  As a person receiving the funds, you could be implicated in a money laundering scheme.  This makes it important to carefully consider why someone would be paying you in cash or through some other strange means.  As with the car example, if you are selling used cars and continually get customers paying in cash, ask yourself why and if it could be connected to criminal activity. If you think that you may be involved in something, hire a criminal attorney to protect your rights.

Other financial transactions that could be deemed part of money laundering activity are: loans, purchases, sales, transfers of title, extensions of credit, wire transfers, payments, currency exchanges and more.  Any time that you engage in a financial transaction ask yourself if anything seems strange or out of place before proceeding.  You could be charged with a crime, even if your involvement was completely innocent.

As a criminal attorney, we can make sure that your rights are protected. Some of the common defenses for money laundering are:

• Lack of intent to commit a crime.  If you were unaware that you were committing a crime, you could not have planned for doing so. 
• Not knowing where the funds came from.  If you sold your car to someone that paid for it with drug money, you could be guilty of money laundering. However, if there was no way for you to know that the funds were obtained illegally, that can be your defense. 

If you are fearful that you may be charged or implicated in a money laundering scheme – give us a call. 

A New York Family Lawyer Can Help You to Get a Protective Order

As a family lawyer, we can help you to get a protective order in to prevent someone from coming in contact with you or your children.  There are many reasons why a protective (restraining) order may be necessary.  Domestic violence, a potentially violent divorce case, stalking, threats, etc. can all lead to the need for a protective order to make sure that you and your children are safe from the threat of violence.

While some cases, like domestic violence, will trigger the need for a protective order, you still need an attorney to follow through and make sure that it is issued and includes all of the necessary provisions in order to keep you safe. For example, your order needs to list out where you work, where your children go to school, where you and your family live.  Including these locations is important for keeping that individual away from you.  Otherwise, they may get around the protective order by not coming to your home but continuing to stalk you or your children at work and school.

Once all of the important areas are listed, the protective order does not allow a person to come within a certain distance of you.  If, as an example, your home is included and they meet the neighbor, they may be unable to go to the neighbor’s home because it is within a certain number of feet from yours. In this way, a protective order ensures that you won’t “run into” them while taking out the garbage or getting your mail.   It allows you to feel safe in your own home again.  As a family lawyer, we value the safety of our clients and will work with you to make sure that the protective order is thorough enough for you to feel comfortable.

In New York, there are additional provisions within the law that can benefit you.  For example, you may be entitled to attorney’s fees if you win the protective order.  This way if an ex-spouse is threatening you or you are being stalked; that other party would have to pay the attorney’s fees you accrued in order to protect yourself from them. This helps to further protect the victim.

A protective order can also force an individual to move out of a home they share with you. In the case of an abusive spouse, this is extremely important. By forcing them to relocate, you and your children have a place to live and your life is not disrupted any further.  This portion of the law attempts to inflict justice by forcing the abuser to suffer the inconvenience, rather than placing it onto the victim.

Once a protective order is in place, it call also prevent them from contacting you in any way.  This can include over the phone and even email.  It will stop them from harassing you in person and through other methods of communication.  If they violate the terms of the order we, as a family lawyer, can work to enforce it.  For more information, call and schedule an appointment.