Las Vegas Federal Money Laundering Defense Attorney
Money laundering is a serious federal crime that involves concealing the origins of illegally obtained money by making it appear as though it came from legitimate sources. Charged under 18 U.S.C. § 1956, money laundering is often associated with organized crime, drug trafficking, fraud, and other financial crimes. Federal authorities aggressively investigate and prosecute money laundering cases due to the complex and far-reaching nature of these schemes, which often involve multiple parties and jurisdictions.
At Hofland & Tomsheck, attorney Josh Tomsheck has extensive experience defending individuals against money laundering charges in federal court. As a Nationally Board Certified Criminal Lawyer, Josh is highly skilled in navigating the complexities of federal financial crime cases. If you are facing money laundering charges or are under investigation, our firm can provide the legal representation you need to protect your rights and future.
What Is Money Laundering?
Money laundering, as defined under 18 U.S.C. § 1956, involves conducting financial transactions with the proceeds of unlawful activity in order to conceal the source, ownership, or control of those funds. The essential elements of money laundering include:
The defendant knowingly conducted or attempted to conduct a financial transaction.
The transaction involved the proceeds of illegal activity.
The defendant intended to conceal or disguise the nature, location, source, ownership, or control of the illegal proceeds.
Money laundering typically occurs in three stages:
Placement: The illegal funds are introduced into the financial system.
Layering: The funds are moved through a series of transactions to obscure their origin.
Integration: The laundered money is reintroduced into the legitimate economy, appearing to come from lawful sources.
Money laundering charges often accompany other crimes, such as drug trafficking (21 U.S.C. § 841), fraud (18 U.S.C. § 1343), and conspiracy (18 U.S.C. § 371).
Case Law and Legal Precedents for Money Laundering
Over the years, several landmark cases have shaped the prosecution of money laundering. In United States v. Santos, 553 U.S. 507 (2008), the Supreme Court addressed whether the term "proceeds" in the money laundering statute refers to the gross receipts of criminal activity or only the profits. The Court ruled that "proceeds" refers to profits, meaning that the government must prove that the laundered funds were net profits from illegal activity, not just gross receipts.
In Cuellar v. United States, 553 U.S. 550 (2008), the Supreme Court further clarified that in money laundering cases, the government must prove that the defendant's purpose was to conceal the nature of the funds. Simply transporting illegal funds without the intent to hide their origin does not meet the legal definition of money laundering.
These cases highlight the importance of intent in money laundering prosecutions, which can be a crucial point in mounting an effective defense.
Penalties for Money Laundering
Money laundering carries severe penalties, reflecting the serious nature of the crime and its impact on the financial system. Under 18 U.S.C. § 1956, the penalties for money laundering include:
Fines: A conviction for money laundering can result in fines of up to $500,000 or twice the value of the funds involved in the transaction, whichever is greater.
Imprisonment: The statutory maximum penalty for money laundering is up to 20 years in federal prison. In cases involving large sums of money or ties to organized crime, the penalties may be even more severe.
Forfeiture: In addition to fines and imprisonment, individuals convicted of money laundering may be required to forfeit assets and property obtained through the illegal activity.
Sentencing for money laundering is determined based on the U.S. Sentencing Guidelines, which consider factors such as the amount of money laundered, the defendant's role in the scheme, and any related criminal activity. Federal judges have discretion in applying the guidelines, but they generally follow the advisory sentencing range provided by the U.S. Sentencing Guidelines Manual.
Federal Investigations and Money Laundering
Money laundering cases are typically investigated by federal agencies such as the Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS), and the Drug Enforcement Administration (DEA). These investigations often involve the analysis of financial records, wire transfers, and other complex financial transactions. Federal authorities may use suspicious activity reports (SARs) filed by banks and financial institutions to detect potential money laundering activity.
Money laundering investigations can be lengthy and involve collaboration between multiple agencies, both domestically and internationally. If you are under investigation for money laundering, it is essential to seek legal representation as soon as possible. Early intervention by an experienced attorney can help protect your rights and prevent errors that could harm your defense.
Defenses Against Money Laundering Charges
At Hofland & Tomsheck, we understand that money laundering charges can be complex and multifaceted, requiring a comprehensive defense strategy. Common defenses against money laundering charges include:
Lack of Knowledge: One of the key elements in a money laundering case is that the defendant knowingly engaged in transactions with the proceeds of illegal activity. If the prosecution cannot prove that the defendant knew the money was from illegal sources, the charges may not hold.
No Intent to Conceal: To secure a money laundering conviction, the government must prove that the defendant intended to conceal or disguise the nature of the funds. If the defendant did not act with the intent to hide the origin of the money, this can serve as a strong defense.
Insufficient Evidence: Money laundering cases often rely on complex financial evidence. Our defense team carefully reviews all financial records and transaction details to challenge the government's evidence and raise doubts about the prosecution's case.
Challenging Investigative Tactics: If federal investigators violated your rights during the investigation, such as conducting unlawful searches or seizures, we can file motions to suppress the evidence obtained through those illegal means.
Sentencing Guidelines for Money Laundering
Federal sentencing for money laundering is governed by the U.S. Sentencing Guidelines, which outline the advisory sentencing range based on several factors:
Amount of money laundered: Larger amounts of laundered money generally lead to harsher sentences.
Number of transactions: A high volume of transactions or complex layering techniques can result in enhanced penalties.
Criminal background: Defendants with prior criminal convictions may face more severe penalties.
In addition to these factors, aggravating circumstances, such as involvement in organized crime or international money laundering, can enhance the sentence. Federal judges consider these guidelines but have discretion in applying them based on the specifics of the case.
Why Choose Josh Tomsheck for Your Money Laundering Defense
When facing federal money laundering charges, you need a defense attorney with the experience and expertise to navigate the complexities of financial crime cases. Josh Tomsheck has a deep understanding of federal money laundering laws and a proven track record of successfully defending clients against serious federal charges.
As a Nationally Board Certified Criminal Lawyer, Josh Tomsheck has the legal knowledge and courtroom skills necessary to challenge the government's case at every stage. His background as a former prosecutor provides him with unique insights into how federal authorities build their cases, allowing him to anticipate and counter their strategies effectively.
Schedule Your Free, Confidential Consultation Today
If you are under investigation or facing money laundering charges, contact Hofland & Tomsheck today to schedule a free, confidential consultation with Josh Tomsheck. We offer flexible consultation options, including in-person meetings, phone consultations, and Zoom sessions, depending on your needs.
Call us at (702) 895-6760, or visit our office at 228 S. 4th Street, First Floor, Las Vegas, NV 89101. Let us help you protect your rights and build a strong defense against federal money laundering charges.
