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Money laundering is a complex and grave criminal offense that can have lifelong consequences for those convicted. This illicit activity involves concealing the origins of illegally obtained funds and making them appear legitimate. It is taken very seriously by law enforcement and the legal system. Facing these charges can be overwhelming, but you don’t need to face them alone.
At Bernal Law, our experienced legal team, led by a former prosecutor, is here to provide you with the guidance and unwavering support you need. Contact us today for a consultation, and let us fight for your rights and best interests. Your rights and your future are our top priorities, and our San Diego money laundering lawyers are dedicated to delivering results that benefit you.
What Is Money Laundering?
Money laundering is a complex and serious criminal offense that involves concealing the origins of illegally obtained funds, making them appear legitimate. In California, as in many other jurisdictions, money laundering is a criminal act with stringent legal parameters.
Money laundering is defined under California Penal Code Section 186.10. In this section, money laundering is described as engaging in financial transactions involving funds known to be the proceeds of criminal activity, with the intention of concealing the source of the funds. The following elements must be established to constitute a money laundering charge:
- Engaging in a Financial Transaction: Money laundering charges typically involve engaging in financial transactions, including depositing, withdrawing, transferring, or converting funds. The accused must be shown to have actively participated in such transactions.
- Involvement of Criminal Proceeds: This is a critical element, as the prosecution must demonstrate that the funds were derived from unlawful actions, such as drug trafficking, fraud, or other criminal conduct.
- Intent to Conceal the Source: To secure a conviction for money laundering, the prosecution must establish that the accused engaged in the financial transactions with the specific intent to conceal or disguise the true source of the funds. Proving this intent is a fundamental aspect of the case.
- Knowledge of Criminal Origin: The accused must have knowledge that the funds being processed in the financial transactions are derived from criminal activity. A lack of knowledge or evidence to the contrary can be used as a defense.
- Aggregation of Transactions: Aggregation in money laundering refers to the process of combining multiple smaller financial transactions to collectively achieve the same purpose of concealing the source of criminal proceeds.
It’s important to note that money laundering charges can vary in severity based on factors such as the amount of money involved and the degree of intent to conceal the source of the funds.
Possible Defenses Against Money Laundering Charges
Money laundering is a complex criminal offense with severe legal implications, and individuals facing money laundering charges require a robust defense to protect their rights and seek a just outcome. Possible defenses can include the following:
- Lack of Intent: A key element in money laundering cases is the accused’s intent to conceal the source of illicit funds. A viable defense is to argue that there was no intent to launder money. For instance, the accused may have believed the funds were legitimate and had no intention to disguise their origin.
- Mere Presence Defense: In some situations, an individual may be charged with money laundering merely for being present at a location where illegal transactions occurred. A defense strategy can be built on proving the individual’s lack of knowledge or participation in unlawful activities.
- Legitimate Source of Funds: A strong defense may involve demonstrating that the funds in question had a legitimate source and were not proceeds of criminal activity. This can require presenting a paper trail or documentation proving the lawful origin of the funds.
- Exposing Investigative Misconduct: If the accused was coerced or misled into committing money laundering, this can be a compelling argument in their favor.
- Statute of Limitations: If the alleged money laundering occurred outside the statutory timeframe for prosecution, the charges may be dismissed.
- Lack of Knowledge: Demonstrating that the accused had no knowledge that the funds were derived from criminal activity can be a strong defense, as intent to launder requires awareness of the funds’ criminal origin.
- Compliance with Reporting Obligations: A defense may involve demonstrating compliance with reporting obligations, showing that the accused did not intentionally avoid legal requirements.
Creating a strong defense against money laundering charges is critical, as this complex criminal offense carries severe legal consequences. Contacting an experienced money laundering attorney in San Diego who can evaluate the evidence, explore potential defenses, and build a strong case is essential. Each defense should be tailored to the case’s specific details, as a well-prepared and knowledgeable defense can significantly impact the outcome of money laundering charges.
Need a Money Laundering Defense Attorney in San Diego, CA? Contact Bernal Law Today
Navigating the intricate and high stakes of money laundering charges can be a formidable challenge, but with the right legal defense, individuals have the opportunity to protect their rights and seek a just outcome. At Bernal Law, our unique advantage lies in our founder’s extensive experience as a former prosecutor, offering unparalleled insights into the strategies employed by the opposition. Fluent in both English and Spanish, Mr. Bernal is committed to delivering exceptional legal representation, especially in cases involving complex white-collar crimes, fraud, and federal offenses where results are paramount.
Contact us today for a consultation, and let us be your advocates in the fight for justice. Your future and peace of mind are our top priorities, and our money laundering lawyers stand ready to provide you with the guidance and support you need to defend against money laundering charges. Schedule a consultation today through our online contact form or call (619) 736-9092.