If you have been charged with money laundering in California or know someone who has, you probably have many questions about how it is handled within the legal system. It’s important to have a clear description or definition of money laundering related to California law to understand your charges. While learning about the law and how to navigate its systems can be stressful, you don’t have to manage this process alone. Bernal Law can help you understand money laundering, support you during any challenges, and boost your confidence.
Money laundering relates to finances and transactions made pertaining to criminal activities. It may also be a way of hiding unlawful ways of gaining money. For example, money laundering can be used to describe a transaction between an illicit drug deal, especially one using cash, to avoid leaving a documented trail about where the funds are going. If you want more information about money laundering and how to proceed with your trial, contact Bernal Law with your questions and concerns.
How is Money Laundering Defined in California?
In California, money laundering is defined as the illegal act of conducting financial transactions with “dirty” money derived from criminal activities, with the intent to disguise its origins. Laundering money involves the process of making such funds difficult to trace back to their illegal origins by engaging in a series of transactions.
Definition and Intent
Money laundering involves knowingly engaging in a financial transaction with money that is known to be the proceeds of criminal activity. The primary intent behind money laundering is to conceal the true source, ownership, or control of the illicit funds, thereby making them appear legitimate.
Proceeds of Specified Crimes
The funds involved in money laundering must originate from specified criminal activities. These crimes can include, but are not limited to:
- Drug trafficking
- Fraud and embezzlement
- Theft and burglary
- Organized crime activities
Other examples of potential crimes include human trafficking and terrorism financing.
Financial Transactions
The act of money laundering involves financial transactions through a financial institution that can take various forms, such as:
- Deposits and withdrawals
- Wire transfers and electronic funds transfers
- Purchase of assets, such as real estate, vehicles, or luxury items
- Use of shell companies or offshore accounts to obscure the money trail
The key element is that these transactions are designed to disguise the illegal origin of the funds.
Knowledge and Participation
For an act to qualify as money laundering, the person involved must have knowledge that the money is derived from criminal activity. This means that unintentional or unaware handling of illicit funds typically does not meet the legal definition of money laundering. The individual must also actively participate in the transaction, either by conducting it themselves or by orchestrating it through others.
Understanding the legal definition of money laundering in California is essential for both preventing engagement in illicit activities and for recognizing the seriousness of the offense. Individuals and businesses must be vigilant in their financial dealings to avoid inadvertently participating in money laundering schemes and facing severe legal consequences.
What Are the Penalties for Money Laundering in California?
The penalties for money laundering in California vary depending on the severity of the charges. Those accused of money laundering will most commonly face fines and jail time. However, other consequences may apply in certain situations.
Convictions can result in severe penalties, which may include:
- Imprisonment: Depending on the specifics of the case, sentences can range from 16 months to three years in state prison. In cases involving larger sums of money or multiple transactions, longer sentences may be imposed.
- Fines: Defendants may face substantial fines, often up to $250,000 or double the value of the money laundered, whichever is greater.
- Forfeiture: The court may order the forfeiture of any property or money involved in the laundering activity.
Violating federal money laundering laws is considered a federal crime, with penalties including up to 20 years in federal prison.
We strongly encourage you to work with a money laundering defense attorney to avoid large fines and long jail sentences. A money laundering lawyer with a strong understanding of white-collar criminal defense law will be able to reduce the potential consequences you can face with a conviction. In some cases, your attorney may be able to eliminate penalties altogether.
Defenses for California Money Laundering
Hiring a criminal defense attorney is crucial when facing money laundering charges in California, as the strategies you can utilize will depend on your circumstances. However, one of the most common defenses is a “mistake of fact.” For instance, banks and similar financial institutions will claim they were not actively involved in money laundering for providing regular banking services.
Individuals outside the banking world may also use the mistake of fact defense, claiming that they did not know funds came from an illegal or criminal source.
The following are other common defenses against money laundering charges:
- Lack of knowledge about the illicit nature of the funds
- Lack of intent to conceal or promote criminal activity
- Insufficient evidence linking the defendant to the criminal proceeds
- Criminal defense attorneys may also challenge the legality of how evidence was obtained or argue that the transactions were legitimate.
If you want more assistance building solid defenses against these charges, contact Bernal Law for support.
Burden of Proof in Money Laundering Cases
In money laundering cases, the burden of proof lies with the prosecution, which must establish beyond a reasonable doubt that the defendant engaged in illicit financial transactions. Proving money laundering involves several critical components that prosecutors must clearly and convincingly demonstrate to secure a conviction. Here’s a detailed overview of what the burden of proof entails in money laundering cases:
Illegality of the Funds
The prosecution must first establish that the money in question originated from criminal activities. This involves linking the funds to specific illegal acts, such as drug trafficking, fraud, embezzlement, or other criminal enterprises. Documented evidence, such as financial records, wire transfers, and transaction histories, is crucial in proving the illicit origin of the funds.
Knowledge and Intent
Prosecutors must prove that the defendant knew the money was derived from criminal activity. Additionally, it must be shown that the defendant intentionally conducted or attempted to conduct financial transactions to conceal the true source, ownership, or control of the funds, or to promote further illegal activities.
Financial Transactions
The case must involve specific financial transactions or a series of transactions. These transactions must be shown to be part of a scheme to launder money. Examples include deposits, withdrawals, wire transfers, and purchases of assets. The prosecution needs to provide detailed documentation of these transactions to demonstrate how they were used to launder money.
Monetary Thresholds
The prosecution must prove that the transactions involved amounts exceeding statutory thresholds – $5,000 in a seven-day period or $25,000 in a 30-day period. Evidence must clearly show that the transactions met or exceeded these amounts within the specified time frames.
Pattern of Behavior
Establishing a pattern of behavior can strengthen the prosecution’s case by showing that the defendant repeatedly engaged in money laundering activities. Demonstrating a consistent approach to structuring transactions, using multiple accounts, or employing other tactics to avoid detection can indicate a deliberate scheme to launder money.
Documentation and Corroboration
A successful prosecution relies on comprehensive documentation and corroborative evidence. This can include bank statements, transaction records, emails, and other communications that connect the defendant to the money laundering scheme. Testimonies from co-conspirators, financial experts, and other witnesses can provide additional support to the prosecution’s case.
Meeting the burden of proof in money laundering cases requires meticulous investigation and robust evidence collection. Bernal Law can help you protect your rights throughout your case.
How Can a Criminal Defense Attorney Help You With Money Laundering Charges?
A money laundering lawyer with adequate knowledge and experience can ensure you are represented fairly and will work hard to find the best possible outcome from your legal case. A money laundering defense attorney can field communication with other parties and legal representatives, speak on your behalf during the trial, collect and analyze evidence in your favor, and complete and file paperwork.
A money laundering lawyer can also help you avoid unnecessary stress, shorten the length of litigation, and reduce the severity of your consequences. Because of all these positive benefits, we encourage you to avoid representing yourself during your money laundering trial. Self-representation can quickly result in less-than-ideal results, including facing worse penalties than necessary.
California Penal Code Section PC 186.10: Money Laundering Charges
California Penal Code Section 186.10 PC specifically addresses the crime of money laundering, outlining the legal framework and penalties associated with this serious offense. Defendants charged under PC 186.10 may also face additional charges depending on the nature and scope of their alleged criminal activities.
California Penal Code Section 186.10 PC serves as a powerful tool for law enforcement and prosecutors in their efforts to combat money laundering. Given the complexity and severity of these charges, individuals facing accusations of money laundering should seek experienced legal representation to navigate the legal process and defend their rights.
Summary of Money Laundering Crimes Involving Financial Institutions in California
Money laundering is a critical issue in California, where both state and federal laws target this complex and covert financial crime, including drug crimes. Money laundering involves disguising the origins of illegally obtained money, making it appear legitimate. Here’s a summary of what you need to know about money laundering crimes in California:
- Definition and Mechanisms: Money laundering in California involves conducting financial transactions to conceal the source, ownership, or control of money derived from criminal activities.
- Types of Criminal Activities: The money involved in laundering schemes typically originates from a range of criminal activities, including drug trafficking, fraud and embezzlement, and organized crime.
- Investigation and Enforcement: Combating money laundering in California involves cooperation between state and federal agencies, such as the California Department of Justice and the Federal Bureau of Investigation.
- Preventative Measures: Financial institutions and businesses in California are required to implement robust anti-money laundering (AML) programs to detect and report suspicious activities. Key measures include customer due diligence, reporting requirements, and training and compliance.
Money laundering is a sophisticated and pervasive crime that poses significant challenges to law enforcement and regulatory agencies. Understanding the intricacies of money laundering crimes in California is essential for both preventing these activities and effectively prosecuting those involved.
Get Valuable Support and Defense From a Bernal Law Money Laundering Attorney
You don’t have to navigate the court system alone if you have been charged with money laundering. Bernal Law can help you in several ways throughout the process, and our clients trust us to bring them great results and reduced penalties. Dedicated and talented attorney Pedro Bernal has a track record of helping clients feel comfortable and safe, speaking with them fluently in English and Spanish.
Please get in touch with us if you have any questions about our services or how to move forward. You can call us at (619) 736-9092 or complete the contact form on our website to begin working with us.
