Money Laundering

Money Laundering Defense Attorneys in Gilbert, AZ

Money Laundering can be charged in Federal Court (A violation of 18 U.S.C. §1956 ) or it can be charged in Arizona State Court Under ARS 13-2317.

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What Is Money Laundering?

Money laundering is the act of transferring illegally obtained funds between various points to make it appear legitimate and more challenging for law enforcement to trace. Money laundering takes place in three different stages:
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1. Placement: Illegally obtained funds are introduced to the financial industry. This is typically done through smaller deposits into a bank account or by purchasing checks or money orders, which are later deposited into other bank accounts.
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2. Layering: Here, the money is moved through various transactions to hide its origin. The funds could be layered by investing or moved into a holding company or an international bank account.
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3. Integration: After moving the funds around, the money is legitimately integrated into the financial system by buying goods and services. This could involve investing in real estate, luxury assets, or business ventures.

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Money Laundering Penalties In Arizona

In Arizona, money laundering is classified as a serious felony offense, with penalties that vary based on the degree of the crime. Here’s a breakdown of the charges and their potential consequences:

Money Laundering In The First Degree

First-degree money laundering applies to individuals who knowingly initiate, organize, manage, or direct a money laundering scheme. This is considered a class two felony and carries a potential prison sentence of up to 12.5 years for first-time offenders. The severe nature of this crime results in some of the heaviest penalties under Arizona law

Money Laundering in the Second Degree

A charge of second-degree money laundering may apply if an individual:

- Completes a transaction to conceal the origins of money

Knowingly attempts to hide the identity of another person involved in the scheme

- Provides false information to the government

This offense is categorized as a class three felony, with a maximum prison sentence of 8.75 years for first-time offenders.

Money Laundering in the Third Degree

Third-degree money laundering involves assisting in the transmission of money to carry out a laundering scheme. This could include influencing someone or cooperating with others to avoid reporting monetary transactions as required by Arizona law.

This charge is a class six felony and carries a potential prison sentence of up to two years for first-time offenders.

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Federal Money Laundering Penalties

Under 18 U.S.C. §1956, an individual convicted of money laundering can face:

Up to 20 years in federal prison.
Fines can be up to $500,000 or twice the value of the property involved in the transaction, whichever is greater.

Under 18 U.S.C. § 1957, an individual found guilty of engaging in monetary transactions involving property derived from specified unlawful activities can be sentenced to up to 10 years in prison.

Money laundering is closely connected to other federal crimes, making it common for individuals to be charged with money laundering in conjunction with another financially motivated crime, such as mail and wire fraud or racketeering.

Defenses Against Money Laundering

Lack Of Knowledge: Your legal counsel may be able to argue that you had no idea the money or goods were obtained through unlawful means. This requires evidence that you were unaware of the criminal activity.
‍Lack Of Intent: The prosecution must prove you intended to launder the money to hide their true source. With the proper evidence, your defense attorney may be able to argue an absence of intent.
‍Violation of Rights: Your defense attorney should review all activity of the investigation to determine whether your constitutional rights were violated during your arrest or any searches conducted by law enforcement.

The Difference Between State and Federal Money Laundering Charges

Federal money laundering charges may apply if:

The alleged crime involves interstate or international transactions.
The money laundering is associated with other federal crimes, such as wire fraud, mail fraud, or racketeering.
The illegally gained funds are processed through federally regulated financial institutions, such as national banks or international wire transfers.
The alleged actions violate federal laws.

State money laundering charges may apply if:

The alleged crime does not cross state or national borders.
The alleged money laundering is related to other state crimes, such as state-level drug, theft, or fraud crimes.
The alleged crime involves local businesses, small-scale operations, or transactions through state-regulated financial institutions.

Location

225 E. Germann Rd, Suite 101 Gilbert, AZ 85297

Phone

(602) 237-6772

Fax

(623) 321-1550

Average response time: 1 business day

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