Defending Against Complex Financial Crime Allegations
At Simmons Wagner, LLP, we understand the serious implications of a money laundering accusation. In California, money laundering charges can arise under both state and federal law, and the penalties can be severe—potentially involving lengthy prison sentences, steep fines, and lasting repercussions on personal and professional life. Our firm, based in Irvine and serving clients throughout Orange County and beyond, offers meticulous, evidence-based defense strategies to protect your rights. If you are under investigation or facing formal charges, call (949) 439-5857 for a confidential consultation.
What Is Money Laundering Under California Law?
Money laundering generally involves conducting financial transactions designed to conceal the origins, ownership, or destination of illegally obtained funds. In California, money laundering can be prosecuted under:
California Penal Code § 186.10 (State Law)
- Prohibits engaging in transactions or receiving/using funds that are derived from criminal activity, typically with the intent to disguise or hide the nature of these funds.
- Even seemingly simple banking transactions—such as deposits, withdrawals, or transfers—may constitute money laundering if the prosecution can demonstrate a criminal intent to obscure the source of funds.
Federal Statutes (e.g., 18 U.S.C. § 1956, § 1957)
- Certain money laundering cases fall under federal jurisdiction, especially when transactions cross state or international borders, involve large sums of money, or connect to federal offenses like racketeering or drug trafficking.
Typical Elements the Prosecution Must Prove
- Proceeds of Criminal Activity: The funds involved come from an underlying illegal act (e.g., drug sales, fraud, or embezzlement).
- Transaction or Attempted Transaction: You conducted or attempted to conduct a financial transaction (bank deposit, transfer, currency exchange, etc.).
- Intent to Conceal/Disguise: The prosecution must show that you knew the money had illegal origins and acted to hide its source, nature, or ownership.
Common Examples of Money Laundering in California
Structuring Deposits
- Making multiple small deposits below the reporting threshold (typically $10,000) to avoid detection by financial authorities.
Shell Companies or Front Businesses
- Using a seemingly legitimate business in Orange County or elsewhere in California to mix illicit proceeds with legitimate income.
Real Estate Transactions
- Purchasing properties with illicit funds to “clean” the money, then selling the property and reporting the proceeds as legitimate.
Cryptocurrency & Digital Transactions
- Exploiting cryptocurrency platforms or online payment services to obscure the origins of illegal profits.
Cross-Border Transfers
- Moving funds into or out of California banks to foreign accounts through multiple layers of transactions to mask the paper trail.
Potential Penalties
State-Level Penalties (California Penal Code § 186.10)
- Prison Sentence: Convictions can result in jail or state prison time, often dependent on the amount of money laundered.
- Fines: Can vary greatly, sometimes reaching tens or hundreds of thousands of dollars—or up to twice the amount laundered, whichever is greater.
- Collateral Consequences: Individuals may face professional license revocations, immigration complications for non-citizens, and forfeiture of assets involved in the alleged laundering.
Federal-Level Penalties
- Lengthy Incarceration: Terms can extend up to 20 years in federal prison if large sums or aggravating factors are involved.
- Substantial Fines & Restitution: Often in the hundreds of thousands or millions of dollars, depending on the scale of transactions.
- Asset Seizure: Government agencies can seize property or freeze bank accounts tied to the alleged offense.
Our Approach
Early Case Assessment
We begin by conducting an in-depth review of all financial records, charging documents, and investigative reports. Early intervention enables us to identify any procedural or constitutional errors—like illegal searches or improperly obtained financial data.
Collaboration with Financial Experts
Money laundering allegations are often based on complex financial transactions. We partner with forensic accountants, tax experts, and other professionals to dissect transaction histories, highlight legitimate sources of funds, or expose inconsistencies in the prosecution’s evidence.
Customized Defense Strategy
Lack of Knowledge: Demonstrating you were unaware the funds had illegal origins.
No Intent to Conceal: Arguing that routine or innocent transactions were misconstrued as suspicious.
Insufficient Evidence: Challenging the prosecution’s ability to prove every element, especially the link between the funds and a specific illegal act.
Negotiation and Litigation
When appropriate, we may negotiate with prosecutors for reduced or dismissed charges—particularly if the evidence is weak or procedural errors exist. Should negotiations fail to yield a just outcome, we are prepared to litigate vigorously in state or federal court.
Protecting Reputation and Assets
Money laundering investigations often involve asset freezes or seizures. Our firm works to safeguard your property and professional standing, advocating for your rights at every stage.
Why Choose Simmons Wagner, LLP in Irvine, CA, for Money Laundering Defense?
- Local Knowledge, Wide Reach
Based in Irvine, we serve clients throughout Orange County and across California. Our attorneys are well-versed in the practices of local courts, as well as the complexities of state and federal money laundering statutes. - Sophisticated Financial Insight
We understand the intricacies of banking regulations, tax codes, and financial transactions. This analytical edge allows us to challenge complicated evidence effectively. - Proactive, Personalized Strategies
Money laundering allegations can disrupt businesses, family life, and professional relationships. We tailor our approach to your unique circumstances, ensuring that you receive dedicated attention and a robust defense. - Comprehensive Network
Our firm collaborates with forensic accountants, financial investigators, and IT experts to uncover flaws in the prosecution’s case and build compelling arguments on your behalf. - Proven Record of Client-Centered Service
We prioritize clear communication, transparency, and professionalism—keeping you fully informed about case developments and involved in every major decision.
Contact Us
If you or someone you know is facing money laundering accusations in California, early legal intervention is crucial. Simmons Wagner, LLP offers a free, confidential consultation to discuss your case and outline potential defense strategies. Call (949) 439-5857 today. Our committed legal team stands ready to protect your rights, your freedom, and your financial future.