MONEY LAUNDERING
The Basics of Money Laundering
Criminal Defense Lawyers look at crimes in terms of elements. Like a recipe for baking cookies there are recipes for committing
crimes. If any of the elements of the crime are missing then the person is innocent.
The elements of criminal money laundering are:
1. YOUR KNOWLEDGE THAT PROPERTY WAS FROM UNLAWFUL ACTIVITY
This is an area where a defense attorney may
2. THE FUNDS WHICH WERE "LAUNDERED" WERE FROM A "SPECIFIED" UNLAWFUL ACTIVITY
This is a "laundry list" of items.
18 U.S.C. §1956(c)(7) includes a list of offenses
and those offenses listed in 18 U.S.C. §1961(1). Together, the two statutes reference
several dozen offenses. Drug trafficking, wire fraud, mail fraud, RICO violations, CCE’s
are all included.
3.
THERE WAS A FINANCIAL TRANSACTION
A "financial transaction" is a very loose term. If it involves money or their equivalents such as stocks, bonds, wire transfers,
checks etc. it will qualify. Property transfers can also qualify.
4.
THE ACT WAS DONE PROMOTE OR CONCEAL
This is very broad. Concealment includes fancy accounting moves to take illegal money and surface it in a manner that makes
it legal. It can include simple activities like paying rent on a drug house or buying a car to drive to the scene of a crime.
Concealment can even include moving money from one account to another or from one person to another.
