how to take money laundering off your record lawyer help

by Prof. Brian Hamill MD 10 min read

First, contact an experienced attorney right away. It is crucial to retain an attorney at the outset of your case to protect yourself and to prepare a defense, if necessary. Second, do not discuss the matter with anyone other than your retained counsel.

Full Answer

What should I do if I suspect money laundering?

 · The money laundering lawyers at Oberheiden, P.C. can assess your case and help you determine an appropriate defense strategy. If the accusations of wire fraud are merely a vindictive attempt by your spouse to gain leverage in your divorce proceedings, we can help you take measures that will prevent or reduce any investigative interest into your ...

Can you report money laundering anonymously?

 · What You May Not Know about Money Laundering. The law can reach beyond U.S. borders if both of the following have occurred: Money laundering was committed by a U.S. citizen or by a non-U.S. citizen who conducted at least part of the offense in the United States; The money laundering transaction totals more than $10,000

What happens if you are accused of laundering money?

 · Write down any names or addresses you know, as well as physical descriptions of any individuals you saw who you believe are involved in money laundering. If you have any additional information, such as where the people went after the transaction took place, you should include that as well. 2 Contact your local police department.

Are lawyers vulnerable to money laundering?

 · If you have been accused of money laundering, it is imperative that you take steps as soon as possible to protect yourself from the possible criminal allegations and damaging harm that a money laundering conviction can have on your record. There are several different types of money laundering charges under the federal law, and you need help ...

image

How can I get out of money laundering?

Five ways to help combat money launderingImprove Searches with Technology. It's increasingly difficult to separate serious potential threats from the many false positives turning up in searches. ... Have Regular Cross-Communication. ... Use Data Analytics to Find Patterns. ... Standardize Your Systems. ... Structured Training Is Essential.

What happens if you are accused of money laundering?

Anyone convicted of money laundering could be sentenced to up to 20 years of incarceration and fines of up to $500,000 or twice the value of the property that was involved in the transaction, whichever amount is greater. Those who are involved with money laundering offenses can also face other related criminal charges.

How many years can you get for money laundering in Texas?

20 yearsThe penalties for a money laundering conviction could have a devastating impact on your life. In total, you could face up to 20 years in federal prison if found guilty.

What is considered money laundering in Texas?

Money laundering is a serious crime in Texas. It involves the defendant knowingly having an interest in, concealing, transferring, transporting or facilitating in any way a transaction involving the proceeds of a criminal activity.

How much money is considered money laundering?

Money Laundering under California Penal Code Section 186.10 PC contains the following elements: The defendant completed a transaction or a series of transactions through a financial institution. The total amount of the transaction(s) must be more than $5,000 in a seven day period OR more than $25,000 in a 30 day period.

What is the average sentence for money laundering?

67 monthsThe average sentence length for money laundering offenders was 67 months. laundering offenders has decreased (from 28.2% in fiscal year 2013 to 25.1% in fiscal year 2017). offenders received a sentence below the guideline range because the government sponsored the below range sentence.

Is money laundering a felony in Texas?

In addition to being a federal crime, money laundering is also a felony under the Texas Penal Code. The degree of the felony increases with the amount of money involved.

What are examples of money laundering?

Common Money Laundering Use CasesDrug Trafficking. Drug trafficking is a cash-intensive business. ... International and Domestic Terrorism. For ideologically motivated terrorist groups, money is a means to an end. ... Embezzlement. ... Arms Trafficking. ... Other Use Cases.

What is the charge for counterfeit money in Texas?

Code § 12.34 can result in a prison sentence ranging from two to ten years and a $10,000 fine. Individuals also may have serve time on community supervision as a result of a third-degree felony forgery conviction. Forgery of money, or counterfeiting, also can result in federal criminal charges.

Do You Really Need a Federal Money Laundering Defense Attorney?

Our attorneys have provided some commonly asked (and answered) questions with regards to money laundering, and the situations within which you may face investigation or even charges thereto related.

Federal Money Laundering Investigations Targeting the Cannabis Industry

As more states make the push toward marijuana legalization, the continued treatment of marijuana as a Schedule I controlled substance at the federal level creates a number of law enforcement risks for businesses in the cannabis industry. The same is true for banks and other businesses that serve companies in the cannabis industry as well.

Federal Money Laundering Investigations Targeting Bitcoin and Other Cryptocurrency Transactions

We have also recently seen a significant uptick in federal money laundering investigations targeting individuals and businesses that engage in transactions involving bitcoin and other cryptocurrencies.

What Should You Do if You are Facing a Federal Money Laundering Investigation?

If you are being targeted by the DOJ, the Federal Bureau of Investigation (FBI), or any other federal agency for money laundering, what should you do to protect yourself? The key is to engage experienced legal representation as soon as possible. When you engage our federal defense team to represent you, our attorneys will work quickly to:

Experienced Federal Money Laundering Defense Lawyers Defending You Against Investigations and Charges

The money laundering lawyers at Oberheiden, P.C. can assess your case and help you determine an appropriate defense strategy.

Contact the Money Laundering Attorneys at Oberheiden, P.C

Are you facing a federal money laundering investigation? Is your spouse is threatening you with accusations of wire fraud? Could you be at risk for decades of imprisonment and hundreds of thousands of dollars in fines? To discuss your case with an experienced federal money laundering defense attorney or a member of our defense team in confidence, call us at 888-680-1745 or request a free case assessment online now..

What are the laws for money laundering?

The law can reach beyond U.S. borders if both of the following have occurred: 1 Money laundering was committed by a U.S. citizen or by a non-U.S. citizen who conducted at least part of the offense in the United States 2 The money laundering transaction totals more than $10,000

How long is the sentence for money laundering?

Criminal sentence of up to 20 years in prison. Criminal penalty of up to $500,000 in fines. Civil penalty lawsuit filed by the government for the value of funds or property involved in money laundering.

Who has the power to sue financial institutions for money laundering?

Financial Institutions – The Department of Justice also has the unique power under money laundering laws to pursue civil lawsuits against financial institutions even though they may not have been charged with the crime of money laundering, so long as the lawsuit:

Is money laundering a criminal offense?

Money laundering is not only a criminal offense, but the following perpetrators can also be held civilly liable: Individuals – As mentioned above, the government can file a civil penalty lawsuit for the value of funds or property laundered against individuals.

Is money laundering a federal crime?

Since money laundering is a serious federal crime and carries harsh penalties, it is in your best interest to contact a criminal defense lawyer if you have been accused of laundering money. An attorney is familiar with the intricacies of federal law and will be able to help in your defense.

Where do you report suspected money laundering?

Even if you don't work at a bank or other financial institution, you can report suspected money laundering to local law enforcement or to the financial institution itself. Steps.

What is money laundering?

Money laundering occurs when individuals engage in questionable financial transactions in an attempt to hide or disguise funds from illegal activities. Most countries have laws that require banks and other financial service institutions to report money laundering and other suspicious transactions to the government.

How to file a police report?

In most cases, you can file your report by calling the police non-emergency phone number, or by going to the police station in person during regular business hours. If you believe there is a life-threatening emergency, don't hesitate to call 911.

How long do you keep SAR records?

If you have any supporting documentation or business records related to the SAR, you must keep them for 5 years from the date you file the SAR, together with the financial institution's copy of the SAR.

How long does it take to submit a SAR to FinCen?

Financial institutions are required to submit a SAR within 30 days of the date the suspicious transaction occurred.

What information do you need to do a transaction?

You'll need basic information about the customer, any other parties to the transaction, the amount of the transaction, and the date and time of the transaction.

What to do if you live in another country?

If you live in another country, contact local law enforcement if you have information about possible money laundering or other suspicious activity .

Why are lawyers vulnerable to money laundering?

In the FATF Report on Money Laundering Typologies 2000-2001, the FATF stated that lawyers are vulnerable to complex money laundering schemes due to their ability to easily switch between advising on financial and fiscal matters, establishing trusts and corporate entities and completing property and other financial transactions, such as investments. ...

When was the Anti Money Laundering Legislation Implementation Group established?

It was due to the circumstances described above, that the IBA established the Anti-Money Laundering Legislation Implementation Group – the AMLLIG – in 2003.

What information can a lawyer reveal?

A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary … to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or using the lawyer’s services… [5]

What would happen if lawyers were required to disclose information relating to the client to third parties?

They would be eroded indefinitely, if lawyers were required to reveal information relating to the client to third parties, based upon mere suspicions. A client must feel free to seek legal assistance and be able to communicate with his legal representative fully and frankly.

Do lawyers fight money laundering?

Lawyers are now, perhaps somewhat inadvertently, at the forefront of the battle against money laundering. With many jurisdictions, including the United States of America still unwilling to dilute legal professional privilege, the danger now is that these lawyers will be seen as the involuntary facilitators to the money laundering excerpts of their clients that they are bound to “protect”.

Is the American legal system a lawyer-client relationship?

Also, the American legal system regards legal professional privilege as fundamental to the lawyer-client relationship. Therefore, it is disinclined towards modifying its current anti-money laundering legislation to include professionals such as lawyers [3].

Put our highly experienced team on your side

If you have been accused of money laundering or think you might be involved in money laundering, you should take these important steps to protect your rights:

How To Select a Money Laundering Defense Attorney

Dr. Nick Oberheiden, founder of Oberheiden P.C., focuses his litigation practice on white-collar criminal defense, government investigations, SEC & FCPA enforcement, and commercial litigation.

Who is charged with money laundering?

In terms of money laundering, people who are accountants, bankers, or others who deal with large amounts of money are often charged with money laundering without even knowing they committed a crime.

Is money laundering a crime?

Money laundering is a white collar crime . It involves engaging in financial transactions in an attempt to hide the nature of the money being laundered or the original source that the money came from. Often, money laundering is tied with other criminal activities, such as racketeering or embezzlement.

Can a criminal charge be dismissed if there is insufficient evidence?

In money laundering, criminals often force accountants or bankers to launder illegally obtained money by threatening to harm them or their loved ones. If this is the case, you will have a good duress defense. Insufficient evidence – A criminal charge can be dismissed if there is insufficient evidence to prosecute.

Is money laundering a specific intent crime?

Since money laundering is a specific intent crime, all defenses available for specific intent crimes can be used. Common defenses include: Absence of intent to commit a crime – Most crimes require intent to commit the crime. In terms of money laundering, people who are accountants, bankers, or others who deal with large amounts ...

Can a charge of money laundering be dismissed?

Insufficient evidence – A criminal charge can be dismissed if there is insufficient evidence to prosecute. In money laundering, an intention to prevent illegally-obtained funds from being traced to its origin is required for a conviction. A conviction also requires proving the money laundered came from a specific illegal activity.

What to do if you get charged with Miranda rights?

Once the person receives his or her charges or Miranda Rights for an interview, he or she should hire a lawyer or contact one through his or her phone call. The legal representative will protect his or her rights and fight against the charges.

What do you do after an arrest?

After an arrest, the individual usually hires a criminal defense lawyer to help build a solid defense against the charges and prosecution’s case. This may involve refuting evidence, detailing out an irrefutable alibi and gathering statements from witnesses that support the defendant. By working with the lawyer, the accused may observe his case gaining strength when it may remain feeble at best without a legal professional. The lawyer may also hire an expert witness to explain certain aspects or to remove confusion about a sequence of events or the evidence. With a stronger relationship between professionals and the client, the chances of success increase significantly with building a defense.

image