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.
