Money Laundering Lawyer
Money laundering is a serious federal offense that has ties to organized crime. If you are charged with or convicted of a money-laundering financial crime, you could face severe penalties including many years in prison, thousands of dollars in fines and seizure of your assets. If you have been accused of financial misconduct or you are worried about a relationship with an individual who is involved with a laundering scheme, you need to understand federal laws and regulations.
Why Choose Boyle & Jasari?
When you stand accused of money laundering, your wealth, reputation, career, and freedom are on the line. The legal system takes a harsh stance on white collar crimes, despite the fact they are typically non-violent. Financially motivated crime has led to increasingly severe penalties. In 2002, the White-Collar Crime Penalty Enhancement Act increased penalties for various forms of fraud. Also, the Sentencing Reform Act of 1984 eliminated the possibility of parole for those convicted of federal criminal activities. It is crucial that your money laundering attorney has the necessary skill and expertise to aggressively defend these allegations.
Attorney Dennis Boyle is highly regarded for his extensive experience and vast knowledge in complex criminal and white collar criminal offenses. He is a leading criminal defense attorney and has received a number of accolades for his achievements, including the AV Preeminent rating from Martindale Hubbel, the Nationally Ranked Top Ten Attorney’s Award, and the American Bar Association Award for Professional Merit. Also, Attorney Boyle has been listed in Washington DC’s Super Lawyers from 2011-present. He frequently lectures at national and international venues on the Bank Secrecy Act, International Emergency Economic Powers Act, Foreign Corrupt Practices Act, and Anti-Money Laundering.
Attorney Boyle has served as a former Navy Judge Advocate, First Assistant District Attorney, and a Special Assistant US Attorney in his long-standing career. He served more than a decade as a prosecutor, giving him a unique perspective as a criminal defense lawyer. Attorney Dennis Boyle will evaluate your case and use his insight to determine the strengths and weaknesses of the evidence, giving his clients an advantage when strategizing their defense.
He has defended against allegations of Securities Fraud, Banking Fraud, Money Laundering, Tax Fraud and Evasion, Health Care Fraud, Medicare Fraud, Wire Fraud and Mail Fraud, violations of Espionage statutes, murder, narcotics distribution, and many more. In addition, Attorney Dennis Boyle has won numerous landmark cases.
If you or someone you know is facing charges of money laundering, call Boyle & Jasari, immediately to schedule a consultation of your case.
How Our Money Laundering Defense Attorneys Can Help Your Case
While every white collar criminal case is different, one striking similarity is the earlier an experienced attorney can be involved, the greater your chances for a successful outcome. In large part, this is due to how federal crimes are prosecuted.
State and civil matters usually have been investigated and charged by law enforcement by the time they reach a prosecutor’s desk. In contrast, federal prosecutors are heavily involved in the investigation process. A federal prosecutor will only file charges when they believe they have enough evidence to support a winning case.
Attorney Dennis Boyle understands the importance of securing representation as soon as you become aware of a federal investigation. Often times, cases are won or lost before the trial begins. Boyle & Jasari, will analyze critical evidence, interview witnesses, and retain experts and other relevant professionals. In many cases, a thorough investigation can persuade a prosecutor to dismiss the case. However, if the case continues to trial, our attorneys have exceptional expertise in complex financial matters and aggressive criminal defense.
What Is Money Laundering?
Money laundering is a serious financial crime in which large amounts of money are generated by illegal means such as fraud, terrorist funding or drug trafficking. Both white collar and street-level criminals engage in money laundering financial crimes. Launders, as they are often referred, attempt to conceal illegally obtained money by passing it through a complex series of seemingly legitimate business transactions and bank transfers. The purpose of the process is to return the “clean” money to the launderer’s hands in an indirect and obscure way.
According to U.S. statutes §§ 1956 and 1957, several crimes can be classified as money laundering activities. These crimes all involve the flow of resources to and from foreign, federal and state institutions. Specific examples of money laundering activities include:
- Transporting funds generated by certain criminal activities into or out of the US to promote further criminal activities
- Trade based money laundering where goods or services (including art and real estate) are used avoid anti-money laundering regulations and currency reporting requirements
- Avoiding taxes on the income generated by illegal activity
- Organizing financial transactions to avoid reporting regulations
- Smuggling undeclared cash across a US border
Not complying with the Department of the Treasury’s anti-money laundering laws and regulations
Money laundering is heavily prosecuted because it fuels corruption and organized crime. Corrupt government officials occasionally allow criminal activities to take place to receive funds from criminals. Organized criminal groups use proceeds from commodity smuggling and drug trafficking to pay these kickbacks. Further, terrorist organizations use these illegal channels to get funds to buy guns and other weapons.
How Money Laundering Works
Dealing with large sums of illegal cash can be dangerous and unproductive for criminal organizations. To effectively use money obtained illegally, launderers must deposit the money in legitimate financial institutions. However, they can only do this if they can convince the financial entity the cash is coming from a lawful source. To help prevent the illegal use of funds, financial institutions are required to report suspicious activities, such as large cash deposits.
There are three stages that money launderers use to conceal and move the money they have obtained through illicit means. Below are the three main phases of financial laundering:
Placement: During the placement phase, the illegally obtained funds are placed under the control of a legitimate financial institution through discreet, illegal means. For example, some launderers use a legitimate business to act as a conduit for money obtained through illegal activities.
Layering: During this phase, financial transactions are carried out by moving the funds around. Using methods that are difficult to trace, the money is often transferred or wired to an offshore account.
Integration: During the integration phase, the laundered funds are withdrawn from a legitimate-appearing account and used for illegal purposes. Funds are then often withdrawn from a legitimate account to support further criminal activities.
Launderers often use legitimate, cash-based businesses to carry out their criminal activities. These types of businesses are usually referred to as fronts.
Electronic Money Laundering
Money laundering has become even more prolific with the rise of the internet and mobile devices. With online banking systems, mobile transfer platforms and anonymous online payment services, it has become increasingly difficult for the authorities to detect the illegal transfer of money. Further, the use of proxy servers and discreet software has made it possible to transfer or withdraw money without leaving behind the trace of an IP address.
New developments such as cryptocurrencies have made money laundering even harder to detect. While cryptocurrencies such as Bitcoin are not completely anonymous, they are commonly used in the drug trade, blackmail schemes and other criminal activities. Anti-money-laundering regulations have been slow to include cybercrimes. Many laws still focus on detecting money-laundering activities through brick and mortar banking institutions.
Defending Against Money Laundering Charges
The US government uses several federal statutes including the Money Laundering Control Act of 1986, the Bank Secrecy Act and the Patriot Act to invest and prosecute money laundering activities. Programs to detect illegal laundering activities in the US have increased in scope in the last several years and criminal penalties have increased in severity as well.
However, just because you have been accused of a crime does not mean the prosecution can prove that misconduct has taken place. To get a conviction in federal court, the prosecution team must prove you committed the act of money laundering and that you did so willing to conceal illegal activity.
The key to successfully winning a money laundering case is refuting the evidence and outlining an alternate version of events. Money laundering is considered a “specific intent” crime in the eyes of the court. This means that the accused must have had a desire to commit a crime and an intent to accomplish a specific result to be found guilty. The following are specific defenses that a lawyer may use to defend you at trial:
- You did not perform any illegal activity
- You were not aware the money came from illegal activity
- The funds were not obtained from an unlawful activity
- You participated in unlawful activity due to duress
This is not a comprehensive list of the defense strategies that may be used in a money laundering case. Your attorney will construct the best defense based on your situation.