Money laundering is the act of “disguising financial assets so they can be used without detection of the illegal activity that produced them.” This can include complex financial transactions, and international dealings that involve multiple government entities.
McKenzie Scott PC: Fighting for the little guy.
Money laundering – concealing the origin of one’s finances through transactions meant to make it appear legally obtained – is a serious crime in California. If you have been accused of money laundering, you need experienced representation to protect your assets-and your reputation.
At McKenzie Scott PC, our experienced California money laundering defense attorneys stand ready to fight your charges at both the state and the federal levels.
For a free consultation with a California money laundering lawyer, call (619) 794-0451.
Money laundering is concealing the origin of illegally obtained funds to make them appear legitimately obtained. This includes money obtained through drug trafficking, extortion, robbery, prostitution, and other activities prohibited through federal law. Money laundering is considered a white-collar crime, like tax fraud or healthcare services fraud. Most money laundering cases are considered federal criminal offenses; convictions may include large fines and long prison sentences.
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Even if you are a first-time offender with no criminal record, it is important to take money laundering accusations seriously. You can be charged for money laundering as a stand-alone crime, or as an inchoate offense alongside other criminal charges. Money laundering charges are rarely straightforward, and often require extensive legal defense proceedings.
According to CA Penal Code § 186.10 (2023), money laundering contains the following elements:
- The defendant must have completed the transaction(s) through a financial institution;
- The total amount of the transaction(s) must be more than $5,000 in a seven-day period (OR $25,000+ within 30 days); and
- The transaction(s) must have been made with the “intent to promote criminal activity,” i.e., the defendant must have known that financial deposits were from criminal activity.
Money laundering activities are considered federal criminal offenses and carry severe penalties. The Money Laundering Control Act (1986) established a strict code of conduct for law enforcement; in pursuit of evidence to confirm a federal crime, federal agents may be authorized to request bank statements, subpoena employees, and even wiretap your phone under certain circumstances.
As a federal criminal offense, money laundering comes with significant penalties. The maximum federal penalties for laundering is 20 years in prison, with fines of up to $500,000,000 OR twice the amount that was laundered, whichever is greater. California Penal Code stipulates other specifics that may come into play with your case.
The maximum federal penalties for money laundering is 20 years in prison, and fines of $500,000,000 or twice the amount of money laundered, whichever is more.Additional punishments may include forfeiture of personal property, civil penalties, restitution, and mandatory compliance with a federal supervision program following imprisonment. Your federal criminal defense lawyer will be able to explain the extent of the potential penalties as they apply to your case.
Contact A California Money Laundering Defense Lawyer: (619) 794-0451.
Common Types of Money Laundering
Money laundering methods involve various stages and techniques to obscure the origins of the money, making it difficult for authorities to trace the illicit funds back to their source. Money laundering can vary widely from case to case, but some of the most common types are:
- Smurfing (Structuring): Perhaps the most common form of money laundering. Smurfing involves breaking down large amounts of money into smaller, less suspicious amounts that are then deposited or withdrawn.
- Third-Party Money Launderers: Hiring individuals or organizations that specialize in moving and laundering money on behalf of criminals. One needn’t be the individual completing the transaction to be implicated in a money laundering scheme.
- Trade-Based Laundering: Disguising illicit funds through trade transactions, often by manipulating invoices or misrepresenting the quantity or quality of goods. It exploits international trade complexities, making it challenging for authorities to detect and prevent illegal financial flows.
- Cash-Intensive Businesses: Using businesses that handle large volumes of cash (like restaurants, bars, or casinos) to mix illicit money with legitimate earnings. Businesses that customarily include tips may also be implicated in this type of scheme.
- Shell Companies and Trusts: Setting up companies that exist only on paper to disguise the ownership and control of funds. Also a common scheme in avoiding capital gains tax and other expenses related to the transfer of intergenerational wealth.
- Real Estate Laundering: Purchasing real estate with illicit funds, sometimes at inflated prices, then selling the property to legitimize the money. Real estate schemes often involve several people at different stages of the transaction.
- Casino Laundering: Buying chips with dirty money, gambling a bit, then cashing out to receive “clean” money. Using casinos to launder money by purchasing chips with illicit funds, gambling a small amount, and then cashing out the remaining chips for a check from the casino, making it appear as legitimate gambling winnings
- Bank Capture: Gaining control of a financial institution to facilitate the movement and concealment of illicit funds. This high-level form of money laundering can leave hundreds of millions of dollars-or more-unaccounted for.
- Foreign Investment/Offshore Accounts: Moving illicit funds into foreign investments, making it harder to trace. Most countries, including the United States, have contingency plans for work with foreign entities to trace the movement of money and determine its source.
- Cryptocurrency Laundering: Using digital currencies to move and conceal funds: a relatively uninvolved task because of the anonymity and decentralized nature of cryptocurrencies. The use of cryptocurrency must follow the same rules as other forms of currency.
- Hawala and Other Informal Value Transfer Systems: Transferring money without the physical movement of currency, often through trust-based networks and personal connections. Widely used in regions with limited access to formal banking services, hawala prevents a potential risk for illicit activities.
Speak to a Money Laundering Lawyer Now: (619) 794-0451.
Money Laundering: Frequently Asked Questions
Simply hiding money is not in itself money laundering, but if the hidden money is part of a process to disguise its illegal origins, then it constitutes money laundering. Money laundering typically involves three stages: placement, layering, and integration; a money laundering lawyer will be able to determine if the circumstances of your case could be considered money laundering.
Money laundering through real estate involves using property transactions to conceal illicit funds and integrate them into legitimate transactions. This may include a purchase of real estate with illegal money, often through shell companies or complex ownership structures, with the intent to obscure the identity of the owner. They may then manipulate the property’s value to move money. Properties can then be bought and sold repeatedly to further obscure the money trail; they can also be used to generate rental income to further legitimize illicit funds.
Real estate money laundering in California exploits the high value and relatively stable nature of real estate in our state. If you have been accused of real estate money laundering, talk to a money laundering defense attorney immediately to secure legal representation: (619) 794-0451.
Real estate money laundering in California exploits the high value and relatively stable nature of real estate in our state. If you have been accused of real estate money laundering, talk to a money laundering defense attorney immediately to secure legal representation: (619) 794-0451.
The length of a jail sentence for money laundering in California depends on the severity and specifics of the offense. In California, fraud can be charged as either a misdemeanor or a felony, depending on the circumstance of the crime.
For misdemeanor fraud, the maximum penalty is typically up to one year in county jail; for felony fraud, the penalties are more severe and can include substantial fines and a state prison sentence of up to three years or more, depending on the circumstances. Additionally, federal charges might apply, which can lead to even longer sentences under federal law.
If you have been accused of money laundering in California, hiring an experienced money laundering attorney is an important first step in protecting your assets and reputation. Call McKenzie Scott PC today for your free consultation: (619) 794-0451.
For misdemeanor fraud, the maximum penalty is typically up to one year in county jail; for felony fraud, the penalties are more severe and can include substantial fines and a state prison sentence of up to three years or more, depending on the circumstances. Additionally, federal charges might apply, which can lead to even longer sentences under federal law.
If you have been accused of money laundering in California, hiring an experienced money laundering attorney is an important first step in protecting your assets and reputation. Call McKenzie Scott PC today for your free consultation: (619) 794-0451.
The cost of a criminal defense lawyer in California can vary based on several factors, including your lawyer’s experience, the complexity of your case, and the jurisdiction in which your case will be brought. Defendants should always discuss fee structures and payment plans before retaining an attorney to understand the full financial commitment.
If you’ve been charged with money laundering in California, McKenzie Scott PC offers competent support and clear-eyed counsel when you need it most. Our team will pour over every intricacy of your case to understand the evidence from every angle. Our exhaustive investigative efforts, coupled with more than two decades of practice in criminal defense work, means you have every advantage in court. Call us now for a free, confidential consultation: (619) 794-0451.
If you’ve been charged with money laundering in California, McKenzie Scott PC offers competent support and clear-eyed counsel when you need it most. Our team will pour over every intricacy of your case to understand the evidence from every angle. Our exhaustive investigative efforts, coupled with more than two decades of practice in criminal defense work, means you have every advantage in court. Call us now for a free, confidential consultation: (619) 794-0451.
Determining the “best” criminal defense lawyer in California is a subjective question. California is fortunate to have many talented criminal defense attorneys working in and for the state. We count many firms that might be called the “best criminal defense lawyers in California” among our friends and colleagues.
McKenzie Scott PC is pleased to share several appellate success stories and criminal trial results that demonstrate consistently favorable outcomes in criminal cases. We are particularly skilled in defending federal cases, as well as criminal cases involving multiple complicating factors. If you are looking for the “best criminal defense lawyer in California,” we invite you to call us for a free consultation: (619) 794-0451.
Read a sample of our pretrial work: Money-Laundering Indictment Should Be Dismissed Under Penal Code § 995
McKenzie Scott PC is pleased to share several appellate success stories and criminal trial results that demonstrate consistently favorable outcomes in criminal cases. We are particularly skilled in defending federal cases, as well as criminal cases involving multiple complicating factors. If you are looking for the “best criminal defense lawyer in California,” we invite you to call us for a free consultation: (619) 794-0451.
Read a sample of our pretrial work: Money-Laundering Indictment Should Be Dismissed Under Penal Code § 995
Criminal defense lawyers’ primary responsibility is to provide a robust defense, regardless of the client’s guilt or innocence. Guilt is determined through the court system; we are here to uphold the principle that every person is presumed innocent until proven otherwise.
We encourage our clients to be honest with us. This allows us to present the strongest case for your defense. During your initial consultation, we will ask questions about the charges you face and the circumstances of your case. By focusing on the facts of your case, we ensure that our client’s rights are protected throughout the legal process. Call us today for your free, confidential consultation: (619) 794-0451.
We encourage our clients to be honest with us. This allows us to present the strongest case for your defense. During your initial consultation, we will ask questions about the charges you face and the circumstances of your case. By focusing on the facts of your case, we ensure that our client’s rights are protected throughout the legal process. Call us today for your free, confidential consultation: (619) 794-0451.
When facing criminal charges, a criminal defense lawyer can be the difference between proving your innocence or serving jail time. Without effective legal representation, individuals may face wrongful convictions, harsher penalties, or a violation of their constitutional rights.
Your criminal defense attorney will ensure that you receive a fair trial and that your rights are protected throughout the legal process. Money laundering lawyers are trained to scrutinize the prosecution’s case, challenge evidence presented against you, and advocate on your behalf to reduce charges or secure acquittals. The criminal defense attorneys at McKenzie Scott PC offer seasoned support and guidance throughout the legal process.
Your criminal defense attorney will ensure that you receive a fair trial and that your rights are protected throughout the legal process. Money laundering lawyers are trained to scrutinize the prosecution’s case, challenge evidence presented against you, and advocate on your behalf to reduce charges or secure acquittals. The criminal defense attorneys at McKenzie Scott PC offer seasoned support and guidance throughout the legal process.
Yes, a competent criminal defense or money laundering lawyer will conduct an independent investigation to identify weaknesses in the prosecution’s case against their client. This helps them uncover exculpatory evidence and mitigating factors that aid in the presentation of a vigorous defense. Investigative work is a crucial component of a comprehensive defense strategy.
Call McKenzie Scott, Money Laundering and Embezzlement Defense Lawyer: (619) 794-0451.
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