Criminal Defense Lawyers

Penal Code § 186.10 PC – Money Laundering – California Law

Penal Code § 186.10 PC – Money Laundering in California: What You Need to Know

Money laundering is a serious financial crime that can have devastating consequences for individuals and businesses. At Spodek Law Group, we understand the complexities of money laundering laws and have extensive experience defending clients against these charges. If you’re facing allegations of money laundering under California Penal Code § 186.10 PC, it’s crucial to understand the law and seek experienced legal representation immediately.

What is Money Laundering Under California Law?

California Penal Code § 186.10 PC defines money laundering as conducting financial transactions with the intent to promote criminal activity or with knowledge that the money involved is derived from criminal activity. Specifically, the law prohibits:

1. Conducting transactions involving monetary instruments totaling over $5,000 in a 7-day period or over $25,000 in a 30-day period
2. With the specific intent to promote, manage, establish, carry on, or facilitate criminal activity
3. OR with knowledge that the money represents proceeds of criminal activity

It’s important to note that the law applies to transactions conducted through financial institutions. This can include banks, credit unions, money transfer services, cryptocurrency exchanges, and other entities that facilitate financial transactions.The key elements prosecutors must prove beyond a reasonable doubt are:

• The defendant conducted financial transactions meeting the dollar thresholds
• The defendant had either the intent to promote criminal activity OR knowledge the funds were criminally derived
• The transactions were conducted through one or more financial institutions

Let’s break down these elements further:

Transaction Dollar Thresholds

The law sets specific dollar amount thresholds that trigger potential criminal liability:

• Over $5,000 in a 7-day period
• Over $25,000 in a 30-day period

Importantly, each transaction or series of transactions meeting these thresholds can be charged as a separate offense. So multiple charges could potentially stem from a series of smaller transactions that add up over time.

Criminal Intent or Knowledge

Prosecutors must prove one of two mental states:

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1. Specific intent to promote, manage, establish, carry on, or facilitate criminal activity
2. Knowledge that the money represents proceeds of criminal activity

The specific intent prong focuses on the defendant’s purpose in conducting the transactions. Were they intentionally trying to further some type of criminal enterprise or activity?The knowledge prong focuses on whether the defendant knew or should have known the source of the funds was illegal, even if they weren’t actively trying to promote crime.

Use of Financial Institutions

The transactions must be conducted through one or more financial institutions. This broad definition can include:

• Banks
• Credit unions
• Money transfer services
• Check cashing businesses
• Cryptocurrency exchanges
• Other entities that facilitate financial transactions

Simply moving cash around doesn’t qualify – there must be use of the formal financial system in some way.

Penalties for Money Laundering in California

The penalties for money laundering under PC 186.10 can be severe. It’s considered a “wobbler” offense, meaning it can be charged as either a misdemeanor or felony depending on the circumstances and the prosecutor’s discretion.Potential penalties include:

• Misdemeanor: Up to 1 year in county jail and/or a fine up to $250,000 or twice the amount laundered (whichever is greater)
• Felony: 16 months, 2 years or 3 years in state prison and/or a fine up to $250,000 or twice the amount laundered (whichever is greater)

For second and subsequent offenses, the maximum potential fine increases to $500,000 or five times the amount laundered.Additionally, the law provides for sentence enhancements based on the total amount laundered:

These enhancements are imposed consecutively, meaning they are added on top of the base sentence.It’s clear that money laundering charges carry potentially life-altering consequences. That’s why it’s absolutely critical to have an experienced criminal defense attorney in your corner if you’re facing allegations under PC 186.10.

Common Defenses to Money Laundering Charges

At Spodek Law Group, we have extensive experience defending clients against money laundering charges. Some of the most common and effective defenses we employ include:

Lack of Knowledge

To be convicted, prosecutors must prove you knew the money was derived from criminal activity. If we can show you had no knowledge of the illegal source of the funds, that’s a strong defense.

No Intent to Promote Criminal Activity

If you didn’t have the specific intent to further criminal enterprises, that negates a key element of the crime. We may be able to show the transactions were for legitimate business purposes.

Insufficient Evidence

The prosecution bears the burden of proving every element beyond a reasonable doubt. We’ll scrutinize their evidence and challenge any weak links in their case.

Illegal Search and Seizure

If law enforcement violated your Fourth Amendment rights in obtaining evidence, we may be able to get that evidence suppressed.

Entrapment

In some cases, overzealous law enforcement may have induced you to commit a crime you otherwise wouldn’t have. This can be grounds for dismissal.

Duress

If you were forced to conduct the transactions under threat of harm, that can negate criminal liability.These are just a few potential defenses. Every case is unique, which is why it’s crucial to have an experienced attorney evaluate the specific facts of your situation.

Why Choose Spodek Law Group for Your Defense?

When you’re facing serious criminal charges like money laundering, you need a law firm with the experience, resources, and dedication to fight for your rights and freedom. At Spodek Law Group, we bring decades of experience defending clients against complex financial crimes.Here’s why we’re the right choice to handle your case:

• Extensive Federal Experience: Our attorneys include former federal prosecutors who understand how the government builds these cases.
• Proven Track Record: We’ve successfully defended numerous clients against money laundering and other financial crime charges.
• Aggressive Advocacy: We leave no stone unturned in building your defense and challenging the prosecution’s case.
• Personalized Attention: You’re not just a case number to us. We take the time to understand your unique situation and tailor our approach accordingly.
• 24/7 Availability: Legal issues don’t just happen during business hours. We’re here for you whenever you need us.

Don’t take chances with your future. If you’re under investigation or have been charged with money laundering, contact Spodek Law Group immediately at 212-300-5196 for a free consultation. We’ll review your case, explain your options, and start building your defense right away.

FAQs About Money Laundering Laws in California

Q: Can I be charged with money laundering if I didn’t know the money was from illegal sources?

A: Potentially, yes. The law requires either knowledge that the funds were criminally derived OR intent to promote criminal activity. If prosecutors can show you should have known based on the circumstances, that may be enough. However, lack of knowledge is a strong defense we can potentially use.

Q: What’s the difference between federal and state money laundering charges?

A: While there’s overlap, federal charges typically involve larger sums of money, cross state/international borders, or relate to specific federal crimes. State charges under PC 186.10 focus on transactions through financial institutions within California. Federal penalties are often more severe.

Q: Can a business be charged with money laundering?

A: Yes, both individuals and business entities can face money laundering charges. For businesses, this often involves allegations of knowingly accepting funds from criminal enterprises or facilitating illegal transactions.

Q: What if I was just following my employer’s instructions?

A: This can be a complex situation. While “just following orders” isn’t a blanket defense, it may impact your level of criminal liability. It’s crucial to consult with an experienced attorney to understand your options.

Q: How long do prosecutors have to file money laundering charges?

A: In California, the statute of limitations for money laundering is generally 4 years from the date of the alleged offense. However, this can be extended in certain circumstances, especially if the activity was ongoing.If you have more questions about money laundering laws or are facing charges, don’t hesitate to reach out. Our experienced attorneys at Spodek Law Group are here to help. Call us anytime at 212-300-5196 for a free, confidential consultation.

The Importance of Experienced Legal Representation

When you’re facing money laundering charges, the stakes couldn’t be higher. Your freedom, finances, and future are all on the line. That’s why it’s absolutely crucial to have an experienced criminal defense attorney in your corner.At Spodek Law Group, we understand the complexities of financial crime cases. We know how prosecutors build these cases and the strategies they use. More importantly, we know how to fight back and protect your rights.Here’s what we bring to the table:

• Deep Understanding of the Law: Money laundering statutes are complex. We have an in-depth knowledge of both state and federal laws and how they’re applied in real-world cases.
• Investigative Resources: We have the tools and expertise to conduct our own thorough investigation, uncovering evidence to support your defense.
• Negotiation Skills: Often, the best outcome comes through skilled negotiation with prosecutors. We have a strong track record of getting charges reduced or dismissed before trial.
• Trial Experience: If your case does go to trial, you want attorneys who are battle-tested in the courtroom. We have extensive trial experience and know how to present a compelling case to a jury.
• Holistic Approach: We understand that criminal charges don’t just affect your legal situation. We take a holistic approach, considering the impact on your personal and professional life and working to mitigate those consequences.

Don’t underestimate the seriousness of money laundering charges. The prosecution will throw everything they have at you. You need a team that’s ready and able to fight back just as hard.

Contact Spodek Law Group Today

If you’re under investigation for money laundering or have already been charged, time is of the essence. The sooner you have experienced legal representation, the better your chances of a favorable outcome.At Spodek Law Group, we’re ready to start building your defense immediately. We’ll review the evidence against you, identify weaknesses in the prosecution’s case, and develop a strategic plan to protect your rights and freedom.Don’t face this alone. Contact Spodek Law Group today at 212-300-5196 for a free, confidential consultation. We’re available 24/7 to take your call and start working on your defense.Remember, an accusation is not a conviction. With the right legal team on your side, you can fight these charges and protect your future. Let Spodek Law Group be your advocates and defenders in this critical time.