What Are Possible Defenses against an Accusation of Money Laundering?Money laundering is a crime so all the defenses available for other crimes can be used. Common defenses include: - Absence of intent to commit a crime - Most crimes require intent to commit the crime. In terms of money laundering, people who are accountants, bankers, or others who deal with large amounts of money are often charged with money laundering without even knowing they committed a crime. If you can prove you were unaware the money obtained was illegal, then there is no way you can have intent to commit money laundering.
- Duress - Duress occurs when a person truly believes there will be some danger or harm if they do not participate in the crime. In money laundering, criminals often force accountants or bankers to launder illegally obtained money or else be subjected to harm. If this is the case, you will have a good duress defense (as the banker or accountant).
- Insufficient evidence - A criminal charge can be dismissed if there is insufficient evidence to prosecute. In money laundering, an intention to prevent illegally obtained funds from being traced to its origin is required for a conviction. A conviction also requires proving the money laundered came from a specific illegal activity. If one of these two things is missing, then there is a possibility this defense will work.
How Likely Will any of These Defenses Work?The best way to determine this is to consult an experienced attorney. An experienced attorney will be able to analyze your situation and determine the best defenses to pursue. |
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