Money Laundering Offences
What is Money Laundering?
Money Laundering is a criminal offence involving the re-distribution of money from one source to make it appear as it is coming from another source. It is most often committed with the intention of hiding the proceeds obtained from conducting illegal activities.
Money Laundering & The Law
The offence of Money Laundering is covered under Section 193B of the Crimes Act 1900.
It can also be charged under the Criminal Code (Commonwealth) 1995 under Section 400.3 to 400.9.
The Anti-Money Laundering and Counter-Terrorism Financing Act 2006 also deals with the Prosecution of Money Laundering offences, with particular focus on:
Structuring Offences (Section 142-143)
Movement of physical currency nationally and internationally (Sections 53,55)
Opening bank accounts using false identification (Sections 136-138)
Using bank accounts in false names (Sections 139-141)
What the Prosecution need to Prove (Beyond a Reasonable Doubt):
The accused dealt with proceeds of crime; and
The accused intended to conceal that they were proceeds of crime;
Going to Court – “What am I looking at?”
If you have been charged with Money Laundering, you will have to go before the Court, and if convicted, you will receive a criminal record, and potential further implications such as community service or time in custody.
The penalties for Money Laundering can be severe, with a maximum penalty of 20 years imprisonment under the Crimes Act. However, if the Commonwealth Director of Public Prosecution has elected to prosecute the matter under the Criminal Code (Commonwealth), the maximum penalty can be as high as up to 25 years imprisonment.
Lawyer Call – Help is just a click away..
If you have been charged with Money Laundering, contact one of our offices today and seek the legal assistance of experienced professionals in this field.
At Lawyer Call we will conference with you regarding your circumstances that gave rise to this charge and offer expert legal opinion on how to best deal with your Court proceedings.
Money Laundering is a complex criminal offence to prosecute as it often involves intricate schemes and transactions designed to avoid detection and are often ambiguous in defining the exact mechanism, thus making it hard to prove.
Contact our experienced team of Defence solicitors to obtain appropriate and honest legal advice regarding the prospects of defending this charge and the best course to proceed when going to Court.
Alternatively, if a plea of guilty is more appropriate in the circumstances, our Lawyer Call Defence Criminal solicitors have in-depth preparation in gathering and analysing specific medical and supporting documentation to assist your case and make relevant sentencing submissions addressing the early plea of guilty, the value of the money laundering, the circumstances of the offence, as well as any subjective factors that will present an overall picture to achieve the best possible outcome before a Judge and obtain a more lenient sentence.