Defending against money laundering allegations requires forensic precision. Our money laundering defense lawyers have over 20 years of experience challenging the the aggressive investigative techniques employed by the FBI, IRS-CI, as well as the cross-border reach of Homeland Security Investigations (HSI).
Schedule a confidential consultation with the money laundering defense attorneys at Lowther | Walker for an urgent response to federal money laundering investigations.
Our federal criminal defense attorneys, Joshua Sabert Lowther, Esq., and Murdoch Walker, II, Esq. provide unparalleled knowledge of money laundering defense strategies. Clients under investigation for money laundering turn to Lowther | Walker for:
We can respond any time, 24/7 to your money laundering case. We’re ready at a moment’s notice when case developments occur.
You need a money laundering defense attorney who has proven their ability to defend white-collar crimes in court. Our case results speak to our unparalleled capabilities.
Our attorneys fight aggressive government forfeiture actions to protect your property rights and financial stability.
Whether negotiating with prosecutors or fighting in court, the firm pursues every avenue to secure a dismissal, reduction, or acquittal.
Money laundering refers to the process of lying, usually through disguise, about the source, amount, or destination of money obtained illegally. This money is commonly referred to as “dirty money” and is often transferred to bank accounts several times or through transactions with actual, legitimate businesses as a cover. The process of money laundering usually follows three stages:
Money laundering involves the cover-up of criminal activity. The crime is rarely charged alone. Because money laundering accusations often involve additional criminal charges. Money laundering cases can be complex and require expert defense representation to secure optimal results.
Money laundering became a federal crime in 1986 after the passage of the Money Laundering Control Act. This act consists of two sections that detail how money laundering can be punishable under law, 18 U.S.C. § 1956 and 18 U.S.C. § 1957.
This section of the Money Laundering Control Act criminalizes four different types of money laundering: promotional, concealment, structuring, and tax evasion. Laundering of the proceeds generated by certain predicate offenses is referred to as “specified unlawful activities.”
The government does not have to prove that defendants knew the details of the money laundering activities. Only that they knew the funds were obtained illegally and that the transfer of the money was for the purpose of concealing the funds.
This section of the Money Laundering Control Act refers to individuals or businesses that commit money laundering when they “knowingly engage or attempt to engage in a monetary transaction in criminally derived property of a value greater than $10,000.” To be charged with a violation of this statute, the federal prosecution must prove that individuals or businesses knew that the money they were transferring was obtained illegally.
Many people think that money laundering is mostly confined to drug trafficking, but it is not uncommon in other areas, such as health care fraud, insurance fraud, wire fraud, and mail fraud.
At Lowther | Walker, Mr. Lowther and Mr. Walker have decades of experience in a broad range of federal criminal defense charges and trials. Their experience with the federal court system makes them valuable assets to any client in need of a money laundering lawyer in Atlanta or nationwide.
– Under section 18 U.S.C. § 1956, charges carry maximum fines of $500,000 for each transaction charged and a maximum prison sentence of 20 years.
– Under 18 U.S.C. § 1957, charges carry a maximum penalty of up to 10 years in prison and up to $250,000 in fines.
– Businesses and organizations charged under this section face fines up to $500,000.
Remember that money laundering is typically charged on top of an underlying crime (like drug trafficking or fraud). Any penalties incurred after a money laundering conviction would likely be in addition to any penalties incurred for other charges.
Federal money laundering charges require the government to prove specific intent.
No Knowledge of Illicit Origin: The defendant can argue that they did not know the funds were derived from a criminal activity. If they believed the money was “clean,” they could not be convicted of laundering it.
No Intent to Conceal: Under § 1956(a)(1)(B)(i), the prosecution must prove the transaction was designed to conceal the nature, source, or ownership of the money. If the defendant made the transaction openly (e.g., using their own name, paying taxes on it), they may argue there was no intent to hide anything.
No Intent to Promote Crime: The defense may argue that the transaction was simply an expenditure (paying bills, buying groceries) rather than an attempt to “promote the carrying on” of unlawful activity.
Money laundering is a derivative crime; the money must come from a specific crime listed in the statute (the SUA).
Clean Money Argument: If the funds used in the transaction were generated from legitimate business activities—even if the defendant also commits crimes—the defense can argue the specific dollars moved were not “proceeds” of the crime.
No Predicate Offense: If the government cannot prove the underlying crime (e.g., drug trafficking, wire fraud) occurred, the money laundering charge may fall apart.
Merger Issue: The defense may argue that the money laundering charge is essentially the same as the underlying crime (e.g., the act of paying a bribe is the crime itself, not the laundering of the bribe money).
When dirty money is mixed with clean money, the government has the burden of tracing.
Insufficient Tracing: The defense can argue that the government failed to prove that the specific funds involved in the transaction were the actual proceeds of the crime, particularly in accounts where legal and illegal funds are commingled.
Spending Limits (Under § 1957): For charges related to spending dirty money (Monetary Transactions in Property Derived from Specified Unlawful Activity), the transaction must generally involve more than $10,000. If the defense can prove the transaction was under this threshold, § 1957 charges may be dismissed.
Statute of Limitations: The standard federal statute of limitations is generally five years. If the government waits too long to indict, the defense can move to dismiss.
Double Jeopardy: The defense may argue that the defendant is being punished twice for the same conduct if the money laundering charge relies on the identical elements of the predicate offense.
Venue Challenges: If the laundering activity did not occur in the district where the trial is being held, the defense can argue the improper venue defense.
Entrapment: The defendant argues that they were not predisposed to commit the crime but were induced to do so by government agents (e.g., an undercover sting operation).
Duress: The defendant argues they were forced to launder the money under an immediate threat of death or serious bodily injury.
Money laundering is a serious crime with severe consequences. Investigations into this type of white-collar crime can sometimes take years. Because the process can be complicated and lengthy, it’s imperative that if you or a loved one is facing an investigation or charge of money laundering, you retain experienced defense counsel with federal criminal experience as soon as possible.
Even though you might not have committed an underlying offense, if you helped move any dirty money through financial systems with various transactions, you can be charged with money laundering. Knowing that the funds you moved were obtained illegally and knowingly trying to conceal or attempt to conceal these funds can make you complicit in money laundering.
Even if you were only passively involved in a means to conceal illegally obtained funds, you can be charged as a co-conspirator to the underlying events of fraud or trafficking. The government could suggest that without your furthering of the funds, additional criminal activity would not have taken place.
Willful blindness means that you suspected the money was tied to illegal activity but deliberately avoided verifying the facts so you could claim ignorance.
Federal courts allow prosecutors to use willful blindness as a substitute for actual knowledge, meaning that turning a blind eye to obvious red flags will not protect you from a conviction.
Agencies like the FBI, IRS-CI, and DEA use sophisticated financial tracking, analyze Suspicious Activity Reports (SARs) generated by banks, and routinely utilize undercover sting operations and cooperating witnesses. They meticulously follow the paper trail to link illicit funds back to the individuals facilitating the transactions.
If you’re being investigated or have been charged with money laundering or any other white-collar crime, you need to hire an experienced federal criminal defense lawyer as soon as possible.
Lowther | Walker is conveniently located in Atlanta, Georgia, near Hartsfield-Jackson Airport, assuring maximum convenience and serving clients both locally and nationwide. Schedule your free consultation to speak with a money laundering defense attorney today and learn about your range of defense options.
If you’re facing federal charges and prosecutors are closing in, call Lowther | Walker to fight back. Our defense lawyers are available 24/7 to respond to your urgent case questions.
