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MIAMI AND FORT LAUDERDALE
CRIMINAL ATTORNEY
Attorney
Representation in Miami, Florida Since 1984
 The
actual definition of money laundering is as follows:
The process of creating the appearance that large
amounts of money obtained from serious crimes, such
as drug trafficking or terrorist activity, originated
from a legitimate source. It is very often times,
an accessory crime to others such as drug dealing,
theft, white collar fraud or some other wrongful
act. Transactions that involve “dirty”
money are often associated with some type of legal
business. Structured businesses transactions are
conducted in a manner that provides some percentage
of the “dirty” money to be returned
to the criminal. This financial loophole, becomes
a cover up to what appears to be a legal income
for the criminal. Some estimate the size of the
problem is over $500 billion annually. Often thought
of as a victimless crime, money laundering is a
very serious issue. Without it, international organized
crime would not be able to function.
The
laws and order of money laundering apply to all
individuals and/or organizations that are looking
to launder money as well as the individual and/or
organizations that are offering a method to convert
illegally made money into the appearance of money
that has been earned legally.
To
successfully prosecute a defendant for this type
of crime, an Assistant United States Attorney (AUSA)
must present efficien evidence that when submitted
to a jury or judge would prove beyond a reasonable
doubt:
For
violations of 18 U.S.C. § 1956(a)(1):
1. Such said defendant knowingly conducted or attempted
to conduct a financial transaction;
2. The financial transaction involved proceeds of
a specified unlawful act or activity;
3. Such said defendant knew that the property involved
in the financial transaction represented the proceeds
of some form of unlawful activity; and
4. Such said defendant intended to promote the carrying
on of the specified unlawful act or activity.
For
violations of 18 U.S.C. § 1957:
1. Such said defendant engaged or attempted to engage
in a monetary transaction;
2. Such said defendant knew the transaction involved
criminally derived property;
3. Such said property had a value greater that $10,000;
4. Such said property was derived from some specified
unlawful act or activity; and
5. Such said transaction occurred in the United
States.
How
has the court system defined money laundering violatons?
A.
There was sufficient evidence that the defendants
use of monies wired to him were to pay off his home
or buy a new car and therefore showed even more
of an act to deceive investors to believe he/she
had received such monies from legal activities.
United States v. Johnson, 971 F.2d 562 (10th Cir.
1992).
B.
There was sufficient evidence to prove that defendants
had pre-determined knowledge and the intent to be
found guilty of laundering checks they received
through extortion and mail fraud, where they had
used charities and consulting companies to cloak
their activities with resemblance of legitimacy,
converting charitable donations and lobbying expenses
into personal income. United States v. Hairston,
46 F.3d 361 (4th Cir. 1995).
C.
Defendant laundered money within meaning of 18 U.S.C.
§ 1957, where he obtaineda loan by falsifying
financial statements, in violation of 18 U.S.C.
§ 1344,which is bank fraud, and authorized
said bank to act as his agent in transferring part
of loan proceeds to the balance he owed on another
account before he ever obtained proceeds. United
States v. Lee, 232 F.3d 556 (7th Cir. 2000).
Possible
Penalties:
A person may be found guilty of a felony, serve
prison time up to 20 years, and be fined up to $500,000,
or twice what the value of the property involved,
or whichever is greater. (18 U.S.C. § 1956).
A
person may be found guilty of a felony, serve prison
time up to 10 years, and be fined up to $250,000,
or twice the amount of the property involved, or
whichever is greater. (18 U.S.C. § 1957).
Frequently,
the State’s Assistant U.S. Attorney (AUSA)
will secure a Federal Indictment from a Federal
Grand Jury and charge a defendant not only with
money laundering, but also with mail, fraud, securities,
wire and bank fraud, public corruption, or RICO
crimes, and conspiracy to commit the crimes mentioned
above. One should be aware that since 1987 parole
has been abolished in the Federal System. Expungement,
which is the removal of a conviction from public
records is also not available.
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