Blogs from October, 2022

What Is Money Laundering?

When money is gained through illegal means, that money is, itself, illegal. People involved in criminal enterprises must find a way to make the money appear legitimate. It needs to be “cleaned.”

This is where money laundering comes in. Normally, illegal money is pumped through a business. That business’s bookkeepers make it look like the business is profitable. This profit is just the money someone gained through criminal activity.

Sometimes, people launder money through several bank accounts. They continue to route the money to different destinations. After some time, it becomes difficult to trace the money’s source. When it finally lands in someone’s bank account, it appears legitimate.

Money Laundering Penalties in Nevada

The state takes laundering very seriously. A guilty conviction could lead to up to 20 years in prison. Fines are steep, too. A suspect could pay $500,000 or twice the amount of the laundered money, whichever is greater.

Defenses Against Money Laundering Allegations

Laundering usually takes place through a third party. The criminal organization uses a lawyer, banker, or other professional to handle their cash.

If you’ve been accused of money laundering, consider some of the options below. Then discuss them with your attorney, deciding together which will work best for your case.

You Were Unaware

It’s easy for shady characters to control and manipulate others. Some criminals openly hire another person to launder their money, but others are secretive about their intentions.

You could easily take on a new client and help them with their money, having no idea you are involved in a criminal scheme. It’s embarrassing to admit you were duped, but this defense could also keep you free from facing felony charges.

You Acted Under Duress

As easy as it is to commit a crime by accident, it’s just as easy to do so when threatened. Criminal organizations don’t care about the people they use, and when necessary, they will put pressure on someone.

You may have been completely aware that you were breaking the law, but you were only doing so because you or your family had been threatened with harm or death. This is called “operating under duress,” and it is a justifiable defense in court.

Your Actions Were Not Concealed

When it comes to a crime, the law is specific. Prosecutors must prove every part of a crime to secure a successful conviction.

Concealment is a crucial part of a money laundering charge. It’s not enough to simply move the money. The suspect must take steps to keep their actions a secret.

If you were openly moving illegal money around, you technically didn’t commit a laundering crime. Small details like these can help someone remain innocent and free.

The Money’s Source Was Not Illegal

Just because the money came from a known criminal, that doesn’t mean it came from an illegal source. Remember, money laundering involves money that came from drug sales, prostitution, thievery, or any other illegal means.

If you can trace the allegedly laundered money to a reputable source, you may be able to escape a conviction.

Our firm can help you fight money laundering charges. For a free consultation, reach out to us today by calling (775) 502-1575 or filling out our online contact form.

Your right to remain silent is one of the most important aspects of our justice system. It keeps you from implicating yourself in an accusation, and the police can’t use your words against you. They will do just that, and they warn you upfront. Part of your Miranda warning states that “anything you say can and will be used against you.”

Your right to remain silent extends to traffic stops. When the police pull you over, you should give them your basic information like your name and ID. Other than that, you are not obligated to answer any other questions.

If you speak during a traffic stop, you could be accused of a DUI.

Police Use Tricky Language

If you think about it, there is a subtle difference between these two questions:

• “Have you had anything to drink tonight?”
• “How much have you had to drink tonight?”

Police need a reason to arrest you for a DUI. Sometimes, they can rely on their assessment of your behavior, but they know that is flimsy evidence. The more ammunition they have against you, the more likely they are to assume you have been drinking.

Cops often use questions like the second one, “How much have you had to drink?” to trap you. If you give them an answer that indicates you’ve been drinking at all, they have all the evidence they need. It doesn’t matter if you had one drink hours ago and a full steak dinner since. When police can link your behavior to drinking, they can arrest you.

Police Can Blame Your Driving on Virtually Anything

A DUI is not exclusive to alcohol consumption. You could be arrested for being high on drugs, pills, and the like.

Technically, anything that impairs your driving could result in a DUI arrest. This is another reason why it’s important to stay silent. Police could use anything, regardless of its legality, to accuse you. You could be drinking kava tea, taking antihistamines, or simply having too much coffee. If the cops believe an outside substance impaired your driving, they can secure an arrest.

Once again, just stay silent. Don’t tell the police where you’re going or where you’ve been. Don’t tell them about any medicine you’ve had or anything else you’ve put in your body.

It’s Easy to Make Mistakes

Being questioned by the police is an intense situation. You’re under a lot of pressure, and it’s easy to get confused. You may have temporary problems recalling the answers to questions, which will make you seem inebriated. Even if you are stone sober, you could easily phrase something the wrong way and suddenly find yourself arrested.

The justice system used these technicalities against people for a long time. That’s why, in 1966, the country implemented the Miranda warnings. Staying silent is a way to keep from accidentally implicating yourself. Whenever you are under suspicion of anything, just remain quiet. Your attorney will do the speaking for you.