Money laundering is the process of acquiring funds through illegal means and making them seem legitimate or “clean”. This usually involves hiding the source of the money, changing its form, and moving it to a different location. It is a form of white-collar crime and a Class B Felony in Tennessee with severe penalties.
If you have been charged with money laundering, you need the right legal representation. Our Nashville money laundering defense attorneys have defended clients facing money laundering charges for decades. We have the experience, skills and resources needed to navigate the complex legal web and help you achieve the best possible outcome.
These cases are some of the most complicated, and representing yourself is almost guaranteed to fail. Call us today at 615-NASH-LAW to learn more about your legal options from our experienced Nashville white collar crimes defense lawyers.
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What is the Process of Money Laundering?
Money laundering, more often than not, happens in three primary steps:
- Placement – In the first stage, funds get into the legal economy. This can be through a business or depositing to a bank in small increments so as not to raise suspicion.
- Layering – The next step involves separating the funds from the source. This can involve multiple steps and transactions, different entities, and countries in order to make it hard for AML investigators to figure out where the money originated from.
- Integration – At this stage, the funds have been cleaned and seem legitimate, allowing them to be used like legitimate money.
Some of the common methods used in money laundering schemes include smurfing, round-tripping, cryptocurrency trading, gambling, shell companies, and reselling assets.
What Are the Legal Elements of Money Laundering?
There are three key elements that need to be proven in a money laundering case in Nashville, Tennessee:
Financial Transaction
The involvement of the defendant in a financial transaction is one of the major elements. The transaction can be any form of transfer, payment or distribution of funds.
Examples include purchases, transfers, withdrawals, loans, money exchanges, sales, donations, or any other form of payment, transfer, or distribution. The prosecutor is required to prove that the defendant was involved in a financial transaction, regardless of the stage.
Knowledge or Intent to Conceal the Illicit Origin of Funds
Second, the defendant must have been aware that the money was obtained via illegal means. Keep in mind that the prosecutor doesn’t have to prove that the defendant knew the specific details of the activity that generated the funds but simply that they knew the act was unlawful.
Intent to Promote Illegal Activity or Evade Taxes
Lastly, there needs to be evidence showing that the accused engaged in the financial transactions with the purpose of furthering criminal activities or evading taxes. This may involve demonstrating a connection between the financial transactions and underlying criminal offenses or tax evasion behavior.
What Are the Legal Consequences of Money Laundering?
The §39-14-903 Tennessee code stipulates that it is a criminal offense to knowingly use, attempt or conspire to use funds derived directly or indirectly from an unlawful activity to do or attempt to do a financial transaction with the intent to disguise or conceal the nature of the source, ownership, control or location of the criminally obtained funds.
Money laundering in the state of Tennessee is classified as a Class B Felony, punishable by incarceration for up to 30 years, fines up to $25000, forfeiture of property, restitution and probation. In cases where the activity is tied to sex crimes, drug crimes, and other serious offenses, federal charges may come into play.
The punishment severity depends on an array of factors, including the amount of money involved, the number of offenses committed, and the criminal history of the defendant.
Defending Against Money Laundering Charges
There are multiple defenses that can be used in a money laundering case, but the applicable ones depend on the specifics of the offense. If you have been charged with money laundering, it’s advisable to consult a reputable Nashville money laundering defense attorney for the best strategy.
Some of the common defenses are:
Lack of Intent
To be found guilty of money laundering, the prosecution needs to show that you purposely tried to hide where illegally obtained money came from. If you can prove that you didn’t have this intention, you might avoid being convicted.
Lack of Knowledge
If you can also prove that you didn’t know the money you were dealing with came from illegal activities, you might have a strong defense. This can be especially effective in situations involving intricate financial transactions or multiple intermediaries.
Unlawful Search & Seizure
If the evidence against you was gathered through an unlawful search or seizure, your Nashville money laundering defense attorney might work to exclude that evidence from your trial. This can substantially undermine the prosecution’s case against you.
Entrapment
If law enforcement induced you to launder the funds, you might have a defense based on entrapment. Entrapment happens when the authorities lead a person to commit a crime that they wouldn’t have committed otherwise.
Insufficient Evidence
At the end of the day, the prosecution is responsible for proving, beyond a reasonable doubt, that you committed a crime. If the evidence against you is weak or circumstantial, your Nashville money laundering defense attorney may argue that the prosecution did not fulfill this burden of proof.
How Can a Nashville Money Laundering Defense Attorney Help?
A Nashville money laundering defense attorney plays a pivotal role in navigating the complex legal landscape associated with money laundering charges. With a deep understanding of financial regulations and criminal defense strategies, such an attorney can meticulously analyze the details of the case, scrutinizing financial transactions and evidence to build a robust defense.
They work to challenge the prosecution’s arguments, exploring potential weaknesses and legal avenues to secure favorable outcomes for their clients. Additionally, a skilled defense attorney provides invaluable guidance throughout the legal process, ensuring clients are well-informed and equipped to make strategic decisions.
From negotiating plea bargains to vigorously representing clients in court, the expertise of a Nashville money laundering defense attorney is indispensable in crafting a comprehensive defense tailored to the unique circumstances of each case.
Call Our Skilled Nashville Money Laundering Defense Attorney Today For Help With Your Case
Our Nashville money laundering defense attorney is committed to safeguarding your financial future with unwavering expertise and legal prowess. Whether facing allegations or seeking proactive legal advice, our dedicated team stands ready to provide robust defense strategies tailored to the intricacies of money laundering cases.
We understand the gravity of these charges and the potential consequences they entail. By entrusting us with your defense, you are aligning yourself with a legal ally devoted to navigating the complexities of the legal system and working tirelessly to secure the best possible outcome for your case.
Protect your assets and reputation with the assurance that our Nashville money laundering defense attorney and team are here to advocate fiercely on your behalf.
The team at Nash Law has vast experience and is adept in money laundering laws. This allows us to craft effective defense strategies that will provide the desired results. Call us at 615-NASH-LAW to get started.
