How laundering counts are stacked
Money laundering charges are usually built on top of another crime, such as fraud, drug trafficking, or bribery, and focus on what was done with the proceeds afterward. Federal prosecutors bring most of these cases, though New York also has its own money laundering laws. A related offense, structuring, involves breaking up cash deposits or withdrawals to avoid bank reporting, and it can be charged even when the money was earned legally. Laundering counts can significantly raise the exposure in a case and give prosecutors added leverage in negotiations. What the government must show about your knowledge of where the money came from is usually the central issue, and prosecutors often argue that a defendant deliberately avoided learning the truth.
Frozen assets and paying for a defense
These cases often come with forfeiture, and the government may seek to restrain property before trial, sometimes through a separate civil action that can proceed without a criminal conviction. Courts have recognized limits on freezing assets that are untainted by the alleged crime when a defendant needs them to hire counsel, but the line between tainted and untainted money is frequently disputed. Deadlines to contest a seizure can be short and easy to miss. Family members and business partners who share accounts or property may have their own claims to raise. Keep every seizure notice, account statement, and record showing where specific funds came from.
Testing the government's tracing
Laundering cases rest on financial analysis: which deposits were proceeds, how money moved between accounts, and whether commingled funds can be traced at all. That analysis is often vulnerable, particularly when legitimate business income and disputed funds passed through the same accounts. A retained forensic accountant can review the government's charts and tracing methods. We also look at whether the transactions fit the particular laundering theory charged, since the statutes treat concealment and simple spending of proceeds differently. In a first consultation we review the charging document, the frozen assets, and your immigration and employment exposure, and set priorities for the early court dates.
