Money laundering is one of the most serious offices you can be accused of. When you hear money laundering, it sounds glamorous until you are arrested. Proofing that you are innocent can be very challenging, especially with a huge sum of money exist in your possession. The federal movement has created regulations and measures to make it easy for investors to know when more laundering is happening by restricting an individual from hiding the assets in shell corporations.
Trying to defend yourself in such cases might lead you to incriminate yourself by the things you say. That is why it’s important to contact White-Collar Criminal Defense Attorneys to help you decide which defenses to use when you are accused of money laundering. This article will explore aspects that must be proven in a money laundering case.
Here Are Two Aspects That Must Be Ascertained in a Money Laundering Case
1. Your Were Aware That the Money Involved Was from a Fraud
To be convicted of money laundering, you must have been aware that the money came from a criminal action. The prosecutor should prove that you knew the money was from a criminal act. Otherwise, you are not guilty. Most people who do money laundering make their financial records look like they received the amount through legal dealings. These funds often come from illegal gambling or drug dealing. You can argue that the funds are accurately recorded in the companies’ accounting records, but you were unaware of where the funds came from. The strength of evidence by the prosecutor is often low since they can only prove with circumstantial proof.
2. You Took Place In One of The Following Phases of Money Laundering
The money laundering case is always complex. The prosecutor must prove with evidence that you participated in one of the following money laundry processes.
You were involved in the Transfer
If the suspect is involved in transferring a large sum of unlawfully acquired funds and placed in a financial company, then they can be held accountable for the crime. The federal government has indicated regulations and limits on the amount you can transfer without raising any suspicion. Depending on the company or business you run, transferring more than the business projection will raise suspicion.
You Have Participated in Layering
Once the suspicious amount is transferred to the finance company and cleared, and you participate in misleading the financial records to make it look like the income is part of daily business activities, you are guilty. The prosecutor can prove this by showing evidence of money transfers in various accounts in and out of the country.
However, your lawyer can help by challenging the evidence presented if you have a good explanation.
You have participated in the Implementation
If you have participated in pumping the money back into the economy, you are guilty of the crime. The pro sector must show evidence of how you have implemented the money laundry to unreasonable doubt.
It’s a Wrap
The above are crucial elements that the prosecutor should prove. Additionally, ensure you hire a skilled lawyer to help defend you and protect your rights.