How Do Maryland’s Sentencing Guidelines Address Money Laundering Crimes?
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- 1 How Maryland’s Sentencing Guidelines Address Money Laundering Crimes
How Maryland’s Sentencing Guidelines Address Money Laundering Crimes
Money laundering is a serious federal crime that involves concealing the origins of illegally obtained money; making it seem like it came from legitimate sources. If you’re facing money laundering charges in Maryland, it’s crucial to understand how the state’s sentencing guidelines treat these offenses. This article will provide an in-depth look at Maryland’s approach to sentencing for money laundering crimes.
What is Money Laundering?
Before we dive into the sentencing guidelines, let’s quickly define what money laundering entails. Money laundering typically involves three steps:
Placement – Introducing the illegal proceeds into the financial system.
Layering – Moving the money through a complex series of transactions to obscure its criminal origins.
Integration – Using the laundered money for legitimate purposes, like investing in businesses or buying assets.
Common examples include depositing cash from drug sales into bank accounts, transferring funds electronically to shell companies, or purchasing real estate with illicit cash. The goal is to make the dirty money appear clean.
Maryland’s Sentencing Guidelines
Maryland uses sentencing guidelines that provide a recommended range of sentences based on two primary factors:
Offense score – Determined by the crime’s seriousness
Offender score – Based on the defendant’s criminal record
The guidelines aim to promote consistency and proportionality in sentencing across the state. However, they are advisory – judges can depart from the recommended range if circumstances warrant it.
Offense Score for Money Laundering
Under the Maryland sentencing guidelines, money laundering crimes are classified as felonies against public administration and public resources. The offense score depends on the total value of the laundered funds:
Less than $6,000 = Offense score of 4
Between $6,000 and $60,000 = Offense score of 6
Over $60,000 = Offense score of 8
So laundering larger sums results in a higher offense score and potentially longer sentence within the guidelines range.
Offender Score Calculation
The offender score reflects the defendant’s prior record and is calculated using the following rules:
No prior convictions = Offender score of 0
One prior minor offense = Offender score of 1
One prior serious offense = Offender score of 3
Multiple serious priors = Offender score of 5 or higher
Serious offenses include crimes of violence, felony drug offenses, and other offenses with potential sentences over 1 year. So defendants with extensive criminal histories will have higher offender scores.
Sentencing Range Example
To illustrate how the guidelines work for money laundering, let’s look at an example:
John is convicted of laundering $100,000 from drug trafficking. This results in an offense score of 8. John also has two prior convictions for felony drug offenses, giving him an offender score of 5.
With an offense score of 8 and offender score of 5, the recommended guidelines sentence is 5-10 years in prison.
However, the judge could depart from this range based on aggravating or mitigating factors. A departure above the range may be warranted if John’s laundering activities were particularly extensive or sophisticated. Conversely, a downward departure could apply if he had minimal knowledge or played a minor role.
Factors Influencing Sentencing
Beyond just the offense and offender scores, judges consider numerous other factors when sentencing for money laundering in Maryland:
Underlying Criminal Activity
The nature and seriousness of the crimes that generated the illegal proceeds can impact the sentence. Laundering drug money is often viewed as more serious than laundering proceeds from fraud or tax evasion, for example.
Role in the Laundering Scheme
Defendants who were leaders, organizers, or primary beneficiaries of the laundering tend to receive harsher sentences than minor participants. Couriers or others with limited knowledge may get more lenient treatment.
Cooperation and Acceptance of Responsibility
Those who cooperate with investigators, testify against co-defendants, or accept responsibility early on can potentially receive a reduced sentence. Lack of cooperation or remorse can lead to a longer term.
Amount of Money Laundered
As mentioned, laundering larger sums results in a higher offense score under the guidelines. But even within the same offense level, the total dollar value can influence where within the range the judge sentences.
Sophistication of Laundering Activities
More complex, professional laundering schemes using shell companies, offshore accounts, cryptocurrency and other sophisticated tactics often draw longer sentences than simple cash transactions.
Potential Enhancements
Certain factors can enhance or increase the recommended sentence:
Committing money laundering while on probation/parole
Laundering funds to promote further criminal activity
Laundering deriving from terrorism, human trafficking or other major threats
Obstructing the investigation or prosecution
Federal Sentencing for Money Laundering
It’s important to note that many money laundering cases are prosecuted at the federal level under statutes like 18 U.S.C. §§ 1956 and 1957. Federal sentencing is governed by the U.S. Sentencing Guidelines, which differ from Maryland’s guidelines.
Under the federal guidelines, the base offense level for money laundering ranges from 8-26 depending on the specific statute violated and circumstances. This is then adjusted based on factors like:
Value of laundered funds
Whether the defendant had a leadership role
Sophistication of laundering activities
Terrorism or other threats
Prior criminal history
The maximum federal sentence for money laundering is typically 20 years imprisonment, though higher maximums apply in some cases.
Potential Defenses to Money Laundering Charges
If you’re facing state or federal money laundering charges, an experienced defense lawyer can explore potential defenses such as:
Lack of knowledge that funds were illegal proceeds
No intent to conceal illicit source of funds
Entrapment by law enforcement
Constitutional violations during investigation
Mere presence or guilt by association arguments
Challenging financial tracing and evidence
Common money laundering defenses often revolve around negating the required criminal intent or knowledge elements of the offense.
Importance of an Experienced Attorney
Money laundering cases are highly complex, with severe potential penalties at the state and federal levels. The specifics of your case – the amount laundered, your role, criminal history, and other factors – will significantly impact sentencing.
That’s why it’s critical to have an experienced money laundering defense lawyer on your side. An attorney who specializes in these cases can:
Analyze whether charges were properly brought
Identify potential defenses and suppression issues
Negotiate for reduced charges or sentences
Advocate persuasively for a lighter sentence if convicted
Ensure your rights are protected throughout the process
At the Spodek Law Group, our team has over 50 years of combined experience handling the toughest federal cases nationwide. We understand the nuances of money laundering laws and sentencing. Contact us today for a free consultation at 212-210-1851 or through our website.
Conclusion
Money laundering is a serious crime in Maryland that can result in lengthy prison sentences under the state’s sentencing guidelines. While the guidelines provide an advisory range, judges have discretion to depart based on numerous aggravating and mitigating factors.
If you’re facing money laundering charges, it’s crucial to have skilled legal representation. An experienced attorney can analyze your case, identify potential defenses, and advocate persuasively for a fair sentence that accounts for all relevant circumstances.