Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-2317 "Money Laundering" is one of the most serous of the "White Collar" crimes and can occur in three (3) different ways. If a person "knowingly" initiates, organizes, plans, financed, directs, manages, supervises or is in the business of Money Laundering, then they are guilty in Money Laundering in the "First Degree". They are also guilty of Money Laundering in the First Degree if they conduct a Money Laundering operation in the "Second Degree", but it is done in the course of, or for the purpose of, facilitating Terrorism or Murder.
Money Laundering in the "Second Degree" involves a violation where a person acquires or maintains an interest in, transacts, transfers, transports, receives or conceals the existence or nature of Racketeering proceeds knowing or having reason to know that they are proceeds of that offense. A person is also committing Money Laundering in the Second Degree if: they make this property available by a transaction to another; they conduct a transaction knowing that the property involved are the proceeds of an offense; the person intentionally or knowingly makes a false statement or a misrepresentation or admits a material entry in any application or financial statement or account records; the person intentionally or knowingly attempts to evade any reporting requirement under the Code of Federal Regulations; a person intentionally or knowingly provides any false information or fails to disclose information that causes any other licensee or business to file a report on their behalf; if the person intentionally or knowingly falsifies or attempts to conceal the identity of any person in connection of the transaction; in connection with the Money Laundering the person utilizes a Forged Instrument; a person is involved in a money transmitting business and knowingly accepts false personal identification; or the person conducts a money transmitting business without the proper licenses under Title 6, Chapter 12.
A person is guilty of Money Laundering in the "Third Degree" if they confer anything of value to the money transmitter (or an employee of the transmitter) that is "intended" to influence or reward that person for failing to comply with the requirements under Title 6, Chapter 12; or the employee of a money transmitting business allows themselves to receive something of value in exchange for failing to comply with any requirement of Title 6, Chapter 12.
Money Laundering in the "First Degree" is a class two (2) felony. For a first offense, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison of three (3) years to twelve and one half (12.5) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the "prison only" range is four ane one half (4.5) years to twenty-three and one quarter (23.25) years in prison. If the person has two (2) allegeable historical prior convictions, then the "prison only" range is ten and one half (10.5) years to thirty-five (35) years of incarceration.
Money Laundering in the "Second Degree" is a class three (3) felony. For a first offense, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison range of two (2) years to eight and three quarters (8.75) years in prison. If the person has one (1) allegeable historical prior conviction then the "prison only" range is three and one half (3.5) years to sixteen and one quarter (16.25) years of incarceration. If the person has two (2) allegeable historical prior convictions, then the "prison only" range is seven and one half (7.5) years to twenty-five (25) years of incarceration.
Money Laundering in the "Third Degree" is a class six (6) felony. A first offense can entail probation with zero (0) days in jail up to one (1) year in jail; or prison of four (4) months to two (2) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the "prison only" range is nine (9) months to two and three quarters (2.75) years in prison. If the person has two (2) alleg
eable historical prior convictions, then the "prison only" range is two and one quarter (2.25) to five and three quarters (5.75) years of incarceration.In addition to all other penalties, if a person commits "First Degree" or "Second Degree" Money Laundering and the violations involve a total of $100,000.00 or more in any twelve (12) month period, the person is subject to forfeiture of substitute assets in an amount that is three (3) times the amount involved in the pattern of conduct, including conduct that occurred before and after the twelve (12) month period.
The main defense to Money Laundering is "Lack of Knowledge". This occurs when a person is merely an employee of a business, or a non-involved partner who is basically "duped" into managing a business who's proceeds are the result of an illegal activity. This also occurs when there is a Material Misrepresentation or Omission in a financial statement or an accounting record. Many times, one devious business partner will ask another partner to "sign off" on certain loan documents or tax returns without telling the Defendant that the information contained therein is false and misleading ("Lack of Intent"). It is important to interview all of the parties involved to ascertain the Defendant's good character, and their partner's bad character. These defenses are quite complex (as are all "White Collar" cases) and involve many hours of records research by attorneys and expert witnesses. It is often beneficial to utilize a "forensic accountant" to also go through the documents in order to defend against the State's allegations.
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / "cloning hard drive" procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
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