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Money laundering is a white-collar crime that involves one or more persons using illegal money to further criminal activity through legal transactions. This can be charged as either a state or a federal crime. Many people think “money laundering” simply entails printing fake money, but it is actually more complicated than that. When somebody launders money, they take illegal proceeds and channel them into bank accounts or other legitimate institutions so that the source of the proceeds appears legitimate. In simpler terms, money laundering is the crime of making dirty money look clean.
Federal money laundering cases are complex. The government must prove beyond a reasonable doubt that the money in question either directly or indirectly came from an illegal source and that the individual charged with money laundering knew that the money came from an illegal source. These cases are serious, and the federal government will likely not charge a case unless they believe they have sufficient evidence to prove it. Money laundering charges are often charged with other federal crimes such as wire fraud, embezzlement, or drug trafficking.
If you or a loved one has been charged with money laundering or any other criminal offense, call the Law Offices of David R. Silldorf today to schedule your free consultation and begin building your defense strategy. It is critical to hire an experienced criminal defense attorney who will do everything possible to defend your rights and protect your future. We’ve helped hundreds of clients fight their cases resulting in acquittal, dismissal, reduced charges, and other positive outcomes. Give our money laundering defense attorneys a call today and find out how we will fight to protect your rights.
Under 18 U.S. Code § 1956(a), any person who, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a financial transaction which, in fact involves the proceeds of specified unlawful activity—
(a) Either with the intent to promote the carrying on of specified unlawful activity; or with the intent to engage in conduct violating the U.S. Internal Revenue Code of 1986; or
(b) Knowing the transaction is designed in whole or in part to either (i) to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or (ii) to avoid a transaction reporting requirement under State or Federal law,
—shall be sentenced to a fine up to $500,000 or twice the value of the property involved in the transaction, whichever is greater, or imprisonment for not more than 20 years, or both.
For purposes of this section, a financial transaction shall be considered to be any transaction involving the proceeds of specified unlawful activity if it is part of a set of parallel or dependent transactions, any one of which involves the proceeds of specified unlawful activity and all of which are part of a single plan or arrangement.
Under 18 U.S. Code § 1956(b), any person who transports, transmits, or transfers, or attempts to transport, transmit, or transfer a monetary instrument or funds from a place in the United States to or through a place outside the United States or to a place in the United States from or through a place outside the United States—
(a) With the intent to promote the carrying on of specified activity; or
(b) Knowing that the monetary instrument or funds involved in the transportation, transmission, or transfer represent the proceeds of some form of unlawful activity and knowing that such transportation, transmission, or transfer is designed in whole or in part either (i) to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or (ii) to avoid a transaction reporting requirement under State or Federal law;
—shall be sentenced to a fine of not more than $500,000 or twice the value of the monetary instrument or funds involved in the transportation, transmission, or transfer, whichever is greater, or imprisonment for not more than 20 years, or both.
For the purpose of this section, the defendant’s knowledge may be established by proof that a law enforcement officer represented the matter specified in subparagraph (b) as true, and the defendant’s subsequent statements or actions indicate that the defendant believed such representations to be true.
Under 18 U.S. Code § 1956(c), any person who, with the intent—
(a) To promote the carrying on of specified unlawful activity;
(b) To conceal or disguise the nature, location, source, ownership, or control of property believed to be the proceeds of specified unlawful activity; or
(c) To avoid a transaction reporting requirement under State or Federal law;
—conducts or attempts to conduct a financial transaction involving property represented to be the proceeds of specified unlawful activity, or property used to conduct or facilitate specified unlawful activity, shall be fined under this title or imprisoned for not more than 20 years, or both.
For purposes of this section, the term “represented” means any representation made by a law enforcement officer or by another person at the direction of, or with the approval of, a Federal official authorized to investigate or prosecute violations of this section.
If convicted of federal money laundering, the penalties range drastically depending on the amount of money that was laundered. The maximum penalty for money laundering is a prison sentence of up to 20 years and fines of up to $500,000, or twice the value of the property allegedly laundered, whichever amount is greater.
The likelihood of being sentenced to the maximum penalty, however, is rare. The actual amount of time one faces if convicted of federal money laundering depends on several factors, including the extent of one’s knowledge of the criminal activity; one’s criminal history; whether the case went to trial or reached a plea deal; the amount of money laundered; and the number of victims involved in the case.
Money laundering investigations are often launched when there are allegations of profits made from one or more of these activities:
It is critical to hire an experienced defense attorney who has knowledge of federal law and knows how to successfully defend against money laundering cases, including any accompanying or underlying charges.
Any case involving money laundering charges can result in substantial fines and prison time. At the Law Offices of David R. Silldorf, we have helped hundreds of federal defendants receive favorable outcomes in their cases. Our team is passionate about defending your rights and will fight for you every step of the way.
Every case is different, and no attorney can guarantee an outcome, but we always try to see if we can:
All of these potential outcomes can minimize or eliminate the consequences you face and help to avoid a conviction. Our team will work diligently to put together a solid defense strategy and try to achieve the best possible outcome for your case.
If you or a loved one have been charged with money laundering or any other federal crime, it is essential to call an experienced criminal defense lawyer as soon as possible. No matter what the charges are, you have the right to effective legal representation before speaking to anyone, including the police, at every stage of the proceedings. At the Law Offices of David R. Silldorf, our money laundering attorneys will evaluate the case, review all the evidence, conduct our own independent investigation, look for holes in the government’s case, and determine which strategy will provide the most effective defense.
When you work with the Law Offices of David R. Silldorf, you get peace of mind knowing you are in experienced and trusted hands. Our reputation is to represent our clients fearlessly and aggressively, and we will do just that. We care about each of our clients and are determined to help.
During your initial consultation, we will walk you through the charges and allegations, explain our representation process, answer any questions you may have, and let you know what the next steps of your case should be. After our consultation, we will get to work right away to examine your case and start building a solid defense. We are available 24/7 and will keep you updated on everything happening with your case. Call today for your free consultation so we can start fighting for your rights.
If you are looking for an aggressive federal criminal defense attorney who will stop at nothing to help you get the best possible outcome for your case, you have come to the right place. David Silldorf and his associates have more than 45 years of experience defending people accused of all types of crime.
Our office is conveniently located across the street from two federal courthouses in downtown San Diego. If you are arrested with a federal crime anywhere in the Southern District of California, you will likely need to appear at one of three courthouses located in downtown San Diego or El Centro:
(1) the Edward J. Schwartz U.S. Courthouse located at 221 W. Broadway San Diego, CA 92101;
(2) the James M. Cater & Judith N. Keep U.S. Courthouse located at 333 W. Broadway San Diego, CA 92101; or
(3) the El Centro U.S. Courthouse located at 2003 W. Adams Ave. Ste 220 El Centro, CA 92243.
Our attorneys are very experienced with the Southern District of California federal courts, including the judges and prosecutors who will be involved with your case. Regardless of the charges you face, you have the right to aggressively defend yourself against the government and fight your case. Call the Law Offices of David R. Silldorf today for a free consultation.
When you choose David Silldorf Law, you can rest assured you are doing everything you can to best position yourself against the government. Do not hesitate to call today so we can begin putting together your legal defense and start fighting for your rights.
Federal laws are complicated, and the consequences of money laundering crimes can be severe. If you are arrested for money laundering in San Diego, David Silldorf is ready to provide you with an experienced defense.
David Silldorf has been designated by the Federal U.S. District Court for the Southern District of California as an experienced criminal practitioner qualified to handle appointments arising under the Criminal Justice Act.
The firm’s proximity to the international border has a strong influence on David’s caseload. He regularly represents individuals charged with alien smuggling offenses, drug-related federal conspiracy cases, and other federal offenses involving firearms.
United States v. an Individual
Client charged with transporting two illegal aliens in the back seat of his car. Client was arrested after a high-speed chase in which border patrol used a spike strip to blow out the client’s tires.
Client received a sentence of TIME SERVED (1 day) at sentencing.
United States v. an Individual
Client charged with importing 8.52 (18.74 pounds) kilograms of methamphetamine that was hidden in the external spare tire of the car she was driving from Mexico into the United States.
The government DISMISSED the case before trial based on the strength of the defense investigation and pretrial litigation.
United States v. an Individual
18-year-old client charged with importing 69.6 kilograms (153.44 pounds) of methamphetamine and 2.22 kilograms (4.89 pounds) of fentanyl in her car from Mexico into the United States.
Case resolved for a TIME-SERVED (2-days custody actually served) MISDEMEANOR on day originally set for motions in limine before trial. No fine, or supervised release were ordered.
We’ll fight for you so you get the results you deserve.