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Have You Been Charged With Money Laundering?

Money Laundering can also be classified as “theft”. This charge is divided into three separate crimes, first degree, second degree and third degree.

Money Laundering in the first degree is filed as a class two (2) felony and has a jail term of 4 years to 10 years with probation eligibility for a first offense, 6 years to 18.5 years with one historical prior, and 14 years to 28 years with two historical priors.

A person is guilty of money laundering in the first degree if the person does any of the following:
• Knowingly initiates, organizes, plans, finances, directs, manages, supervises or is in the business of money laundering.
• Money launders in the course of or for the purpose of facilitating terrorism or murder.

Money Laundering in the second degree is filed as a class three (3) felony and has a jail term of The jail term for this charge is 2.5 years to 7 years with probation eligibility for a first offense, 4.5 years to 13 years with one historical prior, and 10 years to 20 years with two historical priors.

A person is guilty of money laundering in the second degree if the person does any of the following:
• Acquires or maintains an interest in, transacts, transfers, transports, receives or conceals the existence or nature of racketeering proceeds knowing or having reason to know that they are the proceeds of an offense.
• Makes property available to another by transaction, transportation or otherwise knowing that it is intended to be used to facilitate racketeering.
• Conducts a transaction knowing or having reason to know that the property involved is the proceeds of an offense and with the intent to conceal or disguise the nature, location, source, ownership or control of the property or the intent to facilitate racketeering.
• Intentionally or knowingly makes a false statement, misrepresentation or false certification or makes a false entry or omits a material entry in any application, financial statement, account record, customer receipt, report or other document that is filed or required to be maintained or filed under title 6, chapter 12.
• Intentionally or knowingly evades or attempts to evade any reporting requirement under section 6-1241, whether by structuring transactions as described in 31 Code of Federal Regulations part 103, by causing any financial institution, money transmitter, trade or business to fail to file the report, by failing to file a required report or record or by any other means.
• Intentionally or knowingly provides any false information or fails to disclose information that causes any licensee, authorized delegate, money transmitter, trade or business to either:
• Fail to file any report or record that is required under section 6-1241.
• File such a report or record that contains a material omission or misstatement of fact.
• Intentionally or knowingly falsifies, conceals, covers up or misrepresents or attempts to falsify, conceal, cover up or misrepresent the identity of any person in connection with any transaction with a financial institution or money transmitter.
• In connection with a transaction with a financial institution or money transmitter, intentionally or knowingly makes, uses, offers or presents or attempts to make, use, offer or present, whether accepted or not, a forged instrument, a falsely altered or completed written instrument or a written instrument that contains any materially false personal identifying information.
• If the person is a money transmitter, a person engaged in a trade or business or any employee of a money transmitter or a person engaged in a trade or business, intentionally or knowingly accepts false personal identifying information from any person or otherwise knowingly incorporates false personal identifying information into any report or record that is required by section 6-1241.
• Intentionally conducts, controls, manages, supervises, directs or owns all or part of a money transmitting business for which a license is required by title 6, chapter 12 unless the business is licensed pursuant to title 6, chapter 12 and complies with the money transmitting business registration requirements under 31 United States Code section 5330.

Money laundering of the third degree is third degree is filed as a class six (6) felony and has a jail term of.5 year to 1.5 years with probation eligibility for a first offense, 1 year to 2.25 years with one historical prior, and 3 years to 4.5 years with two historical priors.

A person is guilty of money laundering in the third degree if the person intentionally or knowingly does any of the following:
• In the course of any transaction transmitting money, confers or agrees to confer anything of value on a money transmitter or any employee of a money transmitter that is intended to influence or reward any person for failing to comply with any requirement under title 6, chapter 12.
• Engages in the business of receiving money for transmission or transmitting money, as an employee or otherwise, and receives anything of value upon an agreement or understanding that it is intended to influence or benefit the person for failing to comply with any requirement under title 6, chapter 12.

There are several defenses that can be used on this charge such as, Miranda Rights violation, denial of right to counsel, and more. Alex Lane will look into your case to determine the State’s weaknesses and your strengths.

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We have experience in representing clients who are facing criminal allegations; we know how to investigate such matters and anticipate what the State will use against you. The Law Offices of Alex Lane also has the availability to consult with several forensic experts to build a strong defense.

You need an aggressive attorney who is experienced to defend you and your rights. To schedule a FREE initial consultation call (480) 776-5757 or click here. The Law Offices of Alex Lane will offer you our lowest rates, and payment plans are available.