Money laundering is a serious federal and state offense with severe penalties, including substantial fines, asset forfeiture, and long prison sentences. Prosecutors pursue these cases aggressively, often charging individuals alongside fraud, conspiracy, or other financial crimes. If you are facing money laundering charges in New York, it is critical to understand the legal process, what prosecutors must prove, and how you can build a strong defense.
Here, our Albany criminal defense attorneys at O’Brien & Eggleston explain.
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Understanding Money Laundering Charges
Under federal law (18 U.S.C. § 1956 & § 1957) and New York Penal Law § 470, money laundering occurs when someone attempts to conceal the source, ownership, or control of illegally obtained money. This is often done by transferring funds through multiple transactions, using shell companies, or funneling money through legitimate businesses.
To secure a conviction, U.S. Attorneys or prosecutors must prove:
- The money came from criminal activity – The funds must be linked to an illegal act, such as drug trafficking, fraud, or organized crime.
- There was intent to conceal the source of the money – Simply moving cash is not enough; prosecutors must prove the defendant knew the funds were illicit and intended to disguise them.
- A financial transaction occurred – This could include bank transfers, wire transactions, business investments, or cash deposits designed to make illegal money appear legitimate.
Common Defenses Against Money Laundering Charges
Because money laundering cases are often based on complex financial transactions, an effective defense requires a thorough understanding of banking, accounting, and corporate structures.
Some of the strongest defense strategies include:
To be convicted of money laundering, the prosecution must prove that you knowingly concealed illegal funds. You may have a valid defense if you were unaware that the money came from criminal activity. This is especially important in cases where individuals unknowingly processed transactions for third parties without realizing the funds were tainted.
- No Underlying Criminal Activity
Money laundering charges often depend on proving that the funds came from an illegal source. The case may fall apart if the prosecution cannot establish a connection to criminal activity. A defense attorney can challenge whether the funds were legally obtained and whether they were improperly classified as laundered money.
- Entrapment or Government Misconduct
In some cases, law enforcement agents or undercover operatives pressure individuals into engaging in transactions they would not have otherwise made. An entrapment defense may apply if you were coerced or misled by authorities into participating in a financial transaction.
Money laundering cases rely heavily on financial records, banking transactions, and business dealings. If prosecutors cannot provide clear evidence showing intent, knowledge, and illegal transactions, a defense attorney can argue that there is reasonable doubt, making a conviction unlikely.
Why You Need an Experienced Financial Crime Defense Attorney
Money laundering charges are highly complex, often involving federal agencies, forensic accountants, and financial experts. A conviction can result in decades in prison and millions of dollars in penalties. At O’Brien & Eggleston, we understand the intricacies of economic crime cases and aggressively challenge the prosecution’s evidence, methods, and assumptions.
Charged with Money Laundering in Albany? We Can Help.
If you face money laundering charges in Albany or anywhere in New York, do not fight these allegations alone. Contact O’Brien & Eggleston at (518)-391-2369 or online today for a free consultation, and let our experienced Albany County criminal defense lawyers build a defense strategy to protect your future.