Have you ever wondered how a simple bank transfer could land you in serious legal trouble? In Texas, money laundering laws are strict, and it’s easier to break them than you might think. When you’ve been accused, contacting a Fort Worth federal crimes lawyer is vital to protect your future.
Money laundering isn’t just for drug lords or big-time criminals. Everyday people can get caught up in these charges, sometimes without even realizing what they’re doing is wrong. Maybe a friend asked you to deposit some cash in your account, or you’re helping someone move money overseas. These seemingly innocent acts could put you on the wrong side of the law.
This guide will walk you through what money laundering really means in Texas. You’ll learn how the law defines it, what kinds of activities might raise red flags, and what you can do if you’re facing charges.
Definition of Money Laundering in Texas
Money laundering in Texas is the act of knowingly handling, investing, or using funds that come from criminal activity, or that you believe come from criminal activity. This includes hiding the source of illegal money, conducting transactions with criminal proceeds, or using funds to support criminal activities, regardless of whether you know the specific crime that generated the money.
Graham Norris, founder of Norris Legal Group, says that at its root, money laundering “is taking money that is illegally obtained and funneling it through a front or a facade that would then disguise where that money originated or came from.”
Key elements of money laundering in Texas include:
- The money involved must be proceeds of criminal activity
- The defendant must conduct a financial transaction with this money
- The transaction must be designed to conceal the nature, location, source, ownership, or control of the proceeds
- The defendant must know that the property involved represents proceeds of unlawful activity
What Texas Law Says About Money Laundering
For more detail about what the law specifically says about money laundering, we turn to Chapter 34 of the Texas Penal Code. Here’s what you need to know.
What Counts as Money Laundering?
According to Texas law, you’re committing money laundering if you knowingly:
- Handle proceeds from criminal activity (like keeping, hiding, or moving them)
- Conduct or help with transactions involving criminal proceeds
- Invest, spend, or receive money from criminal activity
- Use funds to support criminal activity
It’s important to note that you don’t need to know exactly what crime the money came from. Just believing it’s from criminal activity is enough to get in trouble.
What’s Considered “Criminal Activity”?
The law defines criminal activity as any felony under Texas or U.S. law, or any crime in another state that could get you more than a year in prison.
What Counts as “Funds”?
The law’s definition of funds is broad. It includes:
- Cash from any country
- Checks, money orders, and bank drafts
- Electronic funds
- Stocks and bearer securities
- Stored value cards (like gift cards)
- Digital currencies (like Bitcoin)
How Serious is Money Laundering?
The punishment depends on how much money is involved:
- $2,500 to $30,000: State jail felony
- $30,000 to $150,000: Third-degree felony
- $150,000 to $300,000: Second-degree felony
- $300,000 or more: First-degree felony
Are There Any Defenses?
Yes, the law provides some defenses:
- If you were helping law enforcement
- If you’re a lawyer receiving legal fees (and didn’t know the money was from crime)
Remember, money laundering laws are complex. If you’re worried about a transaction or facing charges, it’s crucial to talk to a federal crimes lawyer who understands these laws.
Red Flags and Warning Signs of Money Laundering
Certain financial activities can raise suspicions of money laundering. Being aware of these red flags can help you avoid inadvertently becoming involved in illegal activities.
“If there are situations where someone is asked to use their bank account to either deposit somebody’s money in and then turn around and transfer money, those are red flags,” Graham says. “I would advise someone not to do that. That money could be stolen or there could be some other reason they’re needing to channel through your account.”
Other warning signs include:
- Unusual or unexplained wire transfers, especially to or from foreign countries
- Multiple cash deposits just under reporting thresholds
- Businesses with suspiciously high cash turnover
- Requests to participate in complex financial transactions without clear purpose
- Offers of payment for using your bank account or financial services.
If you are worried that you may have fallen afoul of the law by ignoring these signs, there is hope, especially if you were unaware and acted quickly once you realized what was going on. For example, Graham represented one woman who thought she was working for a new company that was going to teach her about cryptocurrency.
“She thought it was all legit, she worked 2 months for them and finally realized it was money laundering and was going off shore,” Graham says. “She had no idea. She was an unwitting participant.”
With Graham’s help, she cooperated with law enforcement and she did not face criminal charges.
“She kept records and copies,” he says. “We met with the FBI and helped them understand her role, and proved she didn’t know she was involved in something.”
However, keep in mind you should always contact an experienced federal and state crimes attorney first before reaching out to law enforcement to ensure you do not accidentally incriminate yourself.
Defenses Against Money Laundering Charges
When facing money laundering charges in Texas, several defense strategies may be available. The effectiveness of these defenses often depends on the specific circumstances of the case and the skill of your legal representation.
Common defenses include:
- Lack of knowledge: Proving you were unaware that the money came from illegal activities
- Absence of intent: Demonstrating that you didn’t intend to conceal the source of the funds
- Insufficient evidence: Challenging the prosecution’s evidence as inadequate to prove guilt beyond a reasonable doubt
- Constitutional violations: Arguing that law enforcement violated your rights during the investigation or arrest
The Role of Criminal Defense in Money Laundering Cases
Securing experienced legal representation is crucial when facing money laundering charges. An experienced criminal defense attorney can navigate the complexities of these cases and work to protect your rights and freedom.
Key aspects of criminal defense in money laundering cases include:
- Analyzing the evidence: Scrutinizing financial records and transaction histories
- Identifying legal issues: Recognizing potential constitutional violations or procedural errors
- Negotiating with prosecutors: Seeking reduced charges or favorable plea agreements when appropriate
- Preparing for trial: Building a strong defense strategy if the case goes to court
Steps to Take if Accused of Money Laundering in Tarrant County
If you find yourself accused of money laundering, taking prompt and appropriate action is essential to protect your rights and build a strong defense.
Immediate steps to consider:
- Remain silent: Exercise your right to avoid self-incrimination
- Do not consent to searches: Require law enforcement to obtain proper warrants
- Secure legal representation: Contact an experienced criminal defense attorney as soon as possible
- Preserve evidence: Gather and safeguard any relevant financial records or communications
- Avoid discussing the case: Refrain from talking about the allegations with anyone except your attorney
Remember, early intervention by a skilled attorney can significantly impact the outcome of your case.
Don’t Face Money Laundering Charges Alone – Act Now!
If you’re concerned about potential money laundering charges or are already facing accusations, time is of the essence. The experienced team at Norris Legal Group is ready to provide the personalized, compassionate representation you need to protect your rights and future.
Don’t let uncertainty or fear paralyze you – take action today to secure your defense. Contact Norris Legal Group now for a confidential consultation and take the first step towards peace of mind and a strong legal strategy.
Read the Comments +