Illegal cash earnings cannot easily be deposited into legal financial institutions without appearing suspicious. In order to legitimize illicit funds, many criminal organizations engage in a process known as money laundering, whereby they employ various methods to conceal the origins of their income and present it as lawful profits.
If you are under investigation for money laundering, it is imperative to seek immediate legal representation to safeguard your rights. The consequences of a money laundering conviction in Florida can be severe, potentially resulting in substantial fines, lengthy prison sentences, and irreparable damage to your reputation and livelihood. With over 30 years of experience defending crimes—including white-collar crimes—Criminal Defense Attorney Brian Gabriel has what it takes to mitigate your charges. Mr. Gabriel will handle your case using all the knowledge and skill developed over the span of his career.
What Is Considered Money Laundering in Florida?
Money laundering is the process of concealing the origins of illegally obtained money, typically by passing it through a complex sequence of banking transactions or commercial enterprises. In Florida, as in most jurisdictions, money laundering is considered a serious criminal offense and can result in severe penalties, including lengthy prison sentences and substantial fines.
Defined under Florida Statute 896.101, money laundering is the process of conducting or attempting to conduct a financial transaction with the intent to:
- Promote the carrying on of illegal activity.
- Conceal or disguise the nature, location, source, ownership, or control of proceeds from illegal activity.
- Avoid a transaction reporting requirement under state or federal law.
The severity of the punishment for money laundering in Florida depends on the amount of money involved in the transaction. For instance, if the transaction involves $300 to $20,000 in a single 12-month period, it is considered a third-degree felony. If the transaction involves $20,000 to $100,000, it is a second-degree felony, and if it involves $100,000 or more, it is a first-degree felony.
To convict an individual of money laundering, prosecutors must prove the accused knowingly engaged in financial transactions with the intent to conceal the source, ownership, or control of illicit funds.
How To Fight Criminal Charges for Money Laundering in Florida
When facing money laundering charges, it is essential to develop a strategic defense strategy tailored to the specific circumstances of your case. While every case is unique, several common defenses may be employed to challenge money laundering allegations. They include the following:
Lack of Intent
One of the primary defenses against money laundering charges is to demonstrate you lacked the requisite intent to commit the offense. If you were unaware of the illicit origins of the funds or believed your actions were legal, your attorney may be able to argue you did not knowingly engage in money laundering.
Insufficient Evidence
Prosecutors bear the burden of proving each element of the money laundering offense beyond a reasonable doubt. By challenging the sufficiency of the evidence against you, your defense attorney can raise doubts about the prosecution’s case and seek to have the charges dismissed or reduced.
Lawful Source of Funds
If it can be demonstrated that the funds in question were obtained through lawful means and that your financial transactions were conducted in accordance with applicable laws and regulations, you may be able to refute allegations of money laundering.
Entrapment
In some cases, individuals may be induced or coerced by law enforcement officials to engage in money laundering activities they would not have otherwise undertaken. Entrapment occurs when the government’s conduct leads to the commission of a crime, and defendants may use this defense to argue that their actions were the result of government enticement.
Constitutional Violations
If your rights were violated during the course of the investigation or arrest, such as through illegal searches or seizures, your defense attorney can file motions to suppress evidence obtained in violation of your constitutional rights.
Are You Under Investigation for Money Laundering in Florida? Attorney Brian Gabriel Can Help
Money laundering charges are serious allegations that can have profound legal and financial implications. Whether you are facing accusations of involvement in a complex financial scheme or unintentionally caught up in a transaction with questionable origins, Criminal Defense Attorney Brian Gabriel can assist.
Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.