4 Defenses to CA Money Laundering Charges – PC 186.10
Money laundering is a serious crime in California, governed by Penal Code 186.10 PC, which criminalizes financial transactions involving proceeds from illegal activity. A conviction can result in significant prison time, hefty fines, and asset forfeiture. If you’re facing money laundering charges, understanding the available legal defenses is critical to protecting your rights and freedom. Below are four common defenses to California money laundering charges.
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1. Lack of Knowledge
One of the key elements that the prosecution must prove in a money laundering case is that you knowingly engaged in illegal financial transactions. If you were unaware that the funds involved in the transaction were proceeds of criminal activity, you may have a valid defense. For example, you might have simply processed a routine business transaction without any knowledge of the illegal source of the money. Without evidence that you had specific knowledge of the illicit nature of the funds, the prosecution’s case can fall apart.
2. No Criminal Activity Involved
In order to convict someone of money laundering, the prosecution must prove that the money in question came from criminal activity, such as drug trafficking, tax fraud, or organized crime. If the money was obtained legally, you cannot be convicted of laundering it. A thorough investigation into the origin of the funds can help demonstrate that the money involved in the transaction was legitimate, which can lead to the charges being dismissed or reduced.
For example, if you were accused of laundering money connected to a business transaction, but the business itself was lawful and had no ties to criminal activity, your attorney can present evidence showing that no crime was committed.
3. Insufficient Evidence
Money laundering cases often rely on complex financial records, electronic surveillance, and witness testimony. Prosecutors must present sufficient evidence to establish that you knowingly laundered money from criminal activities. If the evidence against you is weak, incomplete, or improperly obtained, it may not meet the standard of proof required for a conviction.
For instance, if law enforcement violated your constitutional rights by conducting an illegal search and seizure, any evidence obtained during that search could be excluded from the case. Without sufficient evidence, the prosecution may have no choice but to drop the charges.
4. Entrapment
Entrapment occurs when law enforcement induces a person to commit a crime they would not have otherwise committed. If you were coerced or pressured into participating in a money laundering scheme by an undercover officer or government agent, you may be able to use entrapment as a defense. The key to this defense is proving that you had no prior intention or predisposition to commit the crime before the government’s involvement.
For example, if an undercover officer set up an elaborate scheme to trick you into laundering money and you only agreed due to persistent pressure or manipulation, you could argue that you were entrapped.
Why You Need a Strong Defense
Money laundering cases can be extremely complex, involving intricate financial transactions and high-stakes penalties. If convicted, you may face imprisonment, heavy fines, and the loss of valuable assets. Working with an experienced criminal defense attorney is essential for building a strong defense and challenging the prosecution’s case.
Attorney John D. Rogers, a State Bar Certified Criminal Law Specialist, has extensive experience in defending clients against serious criminal charges, including money laundering. His deep understanding of California’s financial crimes statutes allows him to craft effective defense strategies tailored to the specifics of each case.
Contact an Experienced Orange County Criminal Defense Attorney
Facing money laundering charges under PC 186.10 is a serious legal matter that requires a well-planned defense strategy. Whether the issue is a lack of knowledge, no criminal activity involved, insufficient evidence, or entrapment, having an experienced attorney on your side can make all the difference. Attorney John D. Rogers is dedicated to defending clients against these complex charges, providing personalized legal guidance every step of the way. Contact us today to speak with an experienced Orange County criminal defense attorney.
