Money Laundering or Legitimate Business?

February 06, 2024

We are lawyers with more than 30 years of experience in South Florida criminal defense. Our Florida attorneys know how to prosecute a money laundering case and, more importantly, they have real South Florida experience in dismantling or defeating an investigation or criminal charge. The successful defense in a money laundering case is hinged upon understanding the intricacies of the law and the alleged transactions.


The Financial Crimes Enforcement Network of the U.S. Treasury defines money laundering as illegally-gained money being disguised as lawfully derived assets that are then introduced into the nation's legitimate financial systems. The Government's theory is through money laundering, the offender converts the financial proceeds acquired from criminal activity into capital with a seemingly legal origin. State and federal law provides severe sanctions for individuals convicted with money laundering. Our defense team has the knowledge and experience to defeat a criminal charge or stop an investigation.

To prove the crime of money laundering, the state or federal government must essentially prove the following:

1. Capital assets utilized in a transaction were generated through illegal activities;
   
   
2. The individual involved in the financial transaction were aware that the capital was derived from illegal activity; and


3. The individual involved in the transaction acted with the purpose and intent to disguise the source, ownership, or control of the capital.

See Florida's Money Laundering Act for a more complete description of the crimes and penalties for violating the law.

Our Miami defense attorneys have an abundance of theories to substantiate a solid defense. Undermining the Government's theory that the monetary proceeds were derived from illicit activities is just one method. A more complex theory of defense is establishing that the client lacked knowledge that the capital had been derived from illegally-gained activities. Establishing a lack of concealment or misrepresentation in the transaction is another way of rebutting a criminal investigation or charge. Our lawyers know how to overcome allegations that the client structured transactions to evade reporting or registration requirements.


In South Florida and across the United States, the Black Market Peso Exchange is recognized as the most prevalent method to launder money or currency by criminal enterprises. Organized crime syndicates and drug trafficking entities in Mexico and Colombia employ this trade-based technique to convert illicit proceeds into legitimate proceeds through disguised legitimate business transactions. The U.S. Department of the Treasury provides an excellent overview of this system. The South Florida Black Market Peso Exchange defense lawyers at Donet, McMillan & Trontz have the experience, knowledge, and understanding to successfully defend such charges or investigations. Trust our experienced, detailed, and relentless criminal defense lawyers in Miami to help you. Click here to schedule a free consultation.