What investigators are usually looking at
Money laundering charges rest on the idea that money came from a crime and was moved or used in a way meant to conceal it or to promote further crime. Federal law ties most laundering offenses to a defined list of underlying crimes, so investigators usually need to identify the source offense, whether fraud, drug trafficking, or something else. Structuring is a separate offense: breaking up cash deposits to avoid bank reporting can be charged even when the money itself is entirely legitimate. Banks file confidential reports on activity they consider suspicious and are generally prohibited from telling customers about them, which is why account closures often come without a reason. New York also has its own money laundering crimes, prosecuted at the state level.
Seized funds and the clock that runs
When accounts or property are seized for forfeiture, there are notice procedures and claim deadlines, and missing them can mean losing the right to contest the forfeiture even if no one is ever charged. Filing a claim is also a strategic step, because statements made in that process can be used in a criminal case. After learning of an investigation, avoid moving money between accounts, withdrawing cash in unusual patterns, or transferring assets to relatives; that activity can look like more of the conduct being investigated. Preserve business records showing where funds came from, such as invoices, contracts, tax filings, and loan documents. Records from accountants or bookkeepers are useful, but conversations with them are generally not privileged in a criminal matter unless they are retained through your lawyer.
Talking to agents and learning your role
Agents from the FBI, IRS Criminal Investigation, or Homeland Security Investigations may try to interview you before you know whether you are a witness or a subject. You can decline and ask that contact go through counsel. Knowingly false statements to federal agents are a crime of their own, separate from anything about the money. A lawyer can often learn from the prosecutor what the investigation is focused on, and whether your business or a customer or partner is the real interest. Our first discussion usually covers how the money moved, what the banks and agents have said, and whether any deadline on seized property is already running.
