Money laundering is often necessary because funds obtained through criminal activities cannot be spent openly without the risk of being traced. While there are numerous methods of laundering money, the ultimate goal is the same: to obscure the true source of the funds. Due to the covert nature of this offense, it is difficult to determine exactly how much money is laundered each year. However, it is widely believed to be a substantial amount, with law enforcement and governments doing their utmost to curb this crime. Estimates suggest that billions of dollars are laundered in the United States alone every year.
To address this issue, the Financial Action Task Force (FATF) was established in 1989. This intergovernmental organization was created not only to combat money laundering itself but also because laundered funds are often used to finance terrorism and acquire weapons of mass destruction. Since many crimes are financially motivated, money laundering becomes a necessary step to enjoy the proceeds of illicit activities. Crimes such as drug trafficking, prostitution, arms sales and smuggling, embezzlement, and fraud are just a few examples where money laundering may be involved as a related offense.
If you are facing charges related to money laundering or are under investigation, it is crucial to team up with a knowledgeable New York City criminal defense attorney to ensure your rights are protected and to build a strong defense strategy.
Each state has its own laws regarding money laundering. Under New York Penal Code §§470.00–470.25 (2011), money laundering charges and penalties are categorized from fourth to first degree. Additional penalties may apply if the laundered funds were used to support terrorism. One of the possible fines includes paying up to twice the value of the amount laundered. Courts also consider the impact on the victims and the specific circumstances of the crime when determining sentencing. At H. Benjamin Perez & Associates, P.C., our white collar crime lawyers possess the skill and experience necessary to defend you against these serious charges.
There are three main steps to successfully laundering money without drawing undesired attention from the authorities. The first is placement. This is the most dangerous stage of the process, as it involves the initial deposit of illicit funds into a legitimate financial institution. The money is usually deposited in cash form into separate bank accounts. Because banks are required to report unusually large deposits, smaller amounts are often deposited incrementally to avoid suspicion.
The second stage of money laundering is layering. By changing the form of the money and making various transactions or purchases, the original source of the funds can be obscured—even if investigators trace the money back several steps. For example, the currency can be converted into foreign currency, used to purchase high-value items such as jewelry, art, or property, or deposited and withdrawn from multiple bank accounts in varying amounts.
The final stage, which must occur before the money appears to be legitimate, is integration. The funds might be deposited into a U.S. bank account from the sale of a high-value item or from the sale of a business. Alternatively, the money can be funneled through a front company, where the launderer may “purchase” goods or services from their own store or invest the money back into the business. Once the funds reach this stage, it becomes exceedingly difficult to convict the individual of a crime due to a lack of clear documentation and the multiple layers of legitimate-looking transactions.
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