In Some States, there are federal and state laws that make money laundering a crime. The federal government has taken the lead in investigating and prosecuting money laundering cases, but states are not without power in this area. There are a number of defences that can be raised in a money laundering case. The most common are listed below.
Illegal Source of Money:
One of the most common defences to money laundering defense lawyer charges is that the money in question was not illegally obtained in the first place. In order for money to be laundered, it must first be illegal. If the prosecution cannot prove that the money was illegally obtained, then there can be no conviction for money laundering.
Lack of Knowledge:
It is also a defence to money laundering charges that the defendant did not know that the money was illegally obtained. In order for a conviction to occur, the prosecution must prove that the defendant knew that the money was dirty. This can be a difficult burden for the government to meet.
Another common defence is that the defendant did not intend to commit a crime. In order for a conviction to occur, the prosecution must prove that the defendant had the intent to launder money. This is usually proven by showing that the defendant took steps to conceal the nature of the money or the origin of the funds.
In some cases, the defendant may have a defence under the law. For example, in some states, it is not a crime to launder money if the defendant is a licensed money transmitter.
They may also have a defence under the Constitution. For example, in some cases, the government may have obtained evidence through an illegal search and seizure. If this is the case, the defendant may be able to have the evidence suppressed.
The government may have entrapped the defendant. This occurs when the government induces a person to commit a crime that they would not have otherwise committed. It occurs when the government has used tactics that are so shocking that no person should be expected to endure them.
The defendant may have had a “necessity” to commit the crime. This is a defence that is rarely successful. It requires the defendant to show that they had no other choice but to commit the crime.
Money laundering is a serious crime. If you are charged with money laundering, it is important to consult with an experienced criminal defence attorney. An attorney can help you understand the charges against you and the defences that may be available.