Understanding Money Laundering Charges In Arizona
In Arizona, the criminal offense of money laundering can be charged in different degrees.
1. Money Laundering In The First Degree
Money laundering in the first degree is most commonly charged when the state alleges that someone “knowingly initiates, organizes, plans, finances, directs, manages, supervises or is in the business of money laundering.”
This offense is most common when the state believes the individual found in possession of the money or proceeds is organizing or directing a larger criminal organization.
2. Money Laundering In The Second Degree
The state more commonly charges money laundering in the second degree. This usually involves allegations that the defendant:
- Acquired, transacted, transferred, transported, received or concealed racketeering proceeds
- Conducted a transaction involving racketeering proceeds with the intent to conceal or disguise the nature or source of those proceeds
In these situations, the state must prove that the person charged knew or reasonably should have known that the proceeds were racketeering proceeds. Essentially, it can cover any financial gain from crimes such as drug sales, theft, forgery, fraud or sex trafficking.
Decades Of Collective Experience To Defend Your Charges
At Lane, Hupp, & Crowley, PLC, our attorneys have nearly 40 years of combined experience and know how to navigate complex theft and money laundering cases.
A Common Defense
Often, the money the defendant possessed was either not racketeering proceeds or the defendant did not know that it was.
For example, many individuals often keep substantial amounts of cash on hand, as they do not fully trust banks and financial institutions with their money.
If we can prove to the state that the cash found in someone’s possession was from legitimate sources and was “stockpiled” due to the individual’s preferences, we may be able to obtain a dismissal of the charges.
Putting Our Experience To Work For You
In all money laundering cases, we scrutinize the state’s evidence and methods of collecting it (search warrants, subpoenas or any surveillance tactic). We do this to determine the strength of the state’s case and protect your constitutional rights.