What To Do When Facing Money Laundering Charges
Three individuals now face up to 30 years in federal prison after being charged with conspiracy to commit bank fraud, bank fraud, and money laundering. The case involved a stolen Treasury check worth over $1 million, fraudulent identities, and the establishment of illegitimate bank accounts.
This high-profile case demonstrates the substantial resources that federal agencies dedicate to investigating and prosecuting money laundering offenses. The U.S. Department of Treasury, Postal Inspection Service, Secret Service, and FBI all collaborated on this investigation, showcasing the government’s commitment to pursuing these cases.
For those who find themselves facing similar charges in Florida, the path forward can seem overwhelming. However, knowing your rights and taking appropriate action can make a significant difference in the outcome of your case.
What Exactly Is Money Laundering?
Money laundering occurs when funds obtained through illegal activities are processed through legitimate channels to disguise their origin. In Florida, money laundering is governed by both state law (Florida Statute 896.101) and federal statutes.
The crime typically involves three stages:
- Placement: Introducing “dirty money” into the financial system
- Layering: Creating complex transactions to hide the source
- Integration: Returning the money to the launderer in a seemingly legitimate form
In the Miami case mentioned above, the defendants face maximum sentences of 30 years due to the substantial amount involved ($1 million+) and the combination of charges they face.
Immediate Steps to Take if Charged with Money Laundering
Here is what to do when faced with money laundering charges in Florida.
Remain Silent
The right to remain silent exists for a reason. Statements made to law enforcement can be used against you, even if they seem innocent at the time. Politely inform officers that you will not answer questions without your attorney present.
Many people damage their cases by trying to explain or clarify situations to investigators. This almost never helps and often provides prosecutors with additional evidence.
Secure Legal Representation Immediately
Money laundering cases are complex and require specialized knowledge. At Ratzan & Faccidomo, we recommend contacting an experienced criminal defense attorney as soon as possible—ideally before speaking with any investigators.
A skilled defense attorney can:
- Evaluate the evidence against you
- Identify potential violations of your rights
- Develop appropriate defense strategies
- Negotiate with prosecutors when beneficial
- Prepare for trial if necessary
Avoid Discussing Your Case
Only discuss the details of your case with your attorney. Conversations with friends, family members, or cellmates are not protected and could potentially be used against you. Remember that phone calls from jail are recorded.
Social media posts about your case can be particularly damaging. Even seemingly innocuous comments might be misinterpreted or taken out of context.
Common Defense Strategies for Money Laundering Charges
Every case is unique, but several defense strategies have proven effective in money laundering cases:
- Lack of knowledge or intent: Money laundering requires specific intent. If you did not know that the funds were derived from illegal activity, this can serve as a valid defense. The prosecution must prove beyond reasonable doubt that you knowingly engaged in financial transactions with criminally derived property.
- Constitutional violations: Law enforcement must follow strict guidelines when gathering evidence. If your Fourth Amendment rights were violated through illegal searches or seizures, that evidence might be suppressed. Similarly, statements obtained in violation of your Fifth Amendment rights cannot be used against you.
- Insufficient evidence: The prosecution bears the burden of proving every element of the offense beyond reasonable doubt. Often, the government lacks sufficient evidence to establish all required elements of money laundering charges.
- Source of funds: If the funds in question came from legitimate sources rather than specified unlawful activities, this can serve as a complete defense to money laundering charges.
The Importance of Specialized Defense
Money laundering cases often involve complex financial transactions and technical legal issues. They require defense attorneys who understand both the intricacies of financial evidence and the nuances of state and federal laws.
At Ratzan & Faccidomo, we have defended numerous clients against money laundering and other financial crime charges. Our approach combines thorough investigation, meticulous preparation, and aggressive advocacy.
Get in Touch with Us Today
The recent Miami indictments highlight the seriousness with which federal authorities pursue money laundering cases. With multiple agencies involved and penalties reaching up to 30 years in prison, these charges demand immediate and appropriate response.
If you face money laundering or other financial crime charges in Florida, contact Ratzan & Faccidomo for a confidential consultation. Our experienced Miami criminal defense attorneys will evaluate your case, explain your options, and fight to protect your rights and freedom.
Source:
flsenate.gov/Laws/Statutes/2021/Chapter896
