Money Laundering is the illegal practice of taking illegally obtained money, and passing it through a complex series of banking transfers or commercial transaction, with the money coming back to the launderer in an indirect way. Usually this is done with drug money, which the launderer need to run through enough accounts that it appears to have been legally transferred to them.
The statute for Money Laundering is 18 U.S.C. § 1956, which outlaws financial transactions involving the proceeds of other certain crimes—predicate offenses referred to as “specified unlawful activities”—committed or attempted with the intent to promote further predicate offenses; with the intent to evade taxation; knowing the transaction is designed to launder the proceeds; or
knowing the transaction is designed to avoid anti-laundering reporting requirements. It also outlaws the interstate or international transportation or transmission (or attempted transportation or transmission) of funds with the intent to promote a predicate offense;
knowing that the purpose is to conceal laundering of the funds and knowing that the funds are the proceeds of a predicate offense; or
knowing that the purpose is to avoid reporting requirements and knowing that the funds are the proceeds of a predicate offense. Finally, it outlaws financial transactions (or attempted transactions) that the defendant believes involve the proceeds of a predicate offense and that are intended to promote a predicate offense, launder the proceeds, or avoid reporting requirements.
Under 18 U.S.C. § 1957, otherwise innocent transactions contaminated by the origin of the property involved in the transaction are outlawed. This section cover anyone who is in the United States, in the special maritime or territorial jurisdiction of the United States, or outside the United States if the defendant is an American, and knowingly engages or attempts to engage in a monetary transaction in or affecting U.S. interstate or foreign commerce in criminally derived property that is of a greater value than $10,000 and is derived from specified unlawful activity.
Elements of the Crime
In order to be convicted of Money Laundering, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. In order to be convicted of this crime; the government must prove:
Distribution: The essential elements of a violation under section 1952(a) are:
1) travel in interstate or foreign commerce;
2) with the specific intent to distribute the proceeds of an unlawful activity; and
3) knowing and willful commission of an act in furtherance of that intent,”
Facilitation: The government must prove that the defendant:
1) travels in interstate or foreign commerce or uses an interstate facility;
2) with intent to ... promote ... any unlawful activity; and
3) that the defendant thereafter performs or attempts to perform an act of promotion ... of any unlawful activity,”
Violence: To prove a violation of the Travel Act, the government was required to establish that the defendant:
1) used a facility of interstate or foreign commerce;
2) with intent to commit any unlawful activity (including arson); and
3) thereafter performed an additional act to further the unlawful activity.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with Money Laundering is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.
Contact – Cannon & Associates: Oklahoma Criminal Defense
Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.