Money Laundering Lawyer

At the Law Office of Amanda Skillern, PLLC, we recognize the gravity of these allegations and their potential impact on your life. We can assess the strength of the government’s case and guide you through the investigation and ensuing criminal prosecution. To learn more, schedule a free consultation by contacting our Houston money laundering lawyers at 346-291-0432.

How is Money Laundering Defined in Texas?

Money laundering is outlined at the state level in Chapter 34 of the Texas Penal Code. This statute prohibits several actions regarding funds that are either directly or indirectly acquired, produced, realized, or used in the commission of a crime.

Under Texas law, you can be found guilty of money laundering if you knowingly engage in any of the following conduct:

• Acquiring, maintaining, concealing, possessing, transferring, or transporting funds or property gained from unlawful acts.
• Overseeing, managing, or facilitating transactions involving the funds gained from illegal activities.
• Allocating, spending, accepting, or proposing to distribute or accept the earnings of criminal ventures or funds suspected to be derived from such activities.
• Funding or investing, or intending to fund or invest, resources they believe will contribute to further illegal acts.

You don’t need to be aware of the nature of the criminal activity to be found guilty of money laundering. You only need to be aware that the funds came from some type of illegal activity. The prosecution must prove that you were aware that the money was obtained illegally, but they do not need to show that you knew the specifics.

What Are the Penalties for Money Laundering in Texas?

In Texas, money laundering charges vary from Class C misdemeanors to first-degree felonies, depending on the amount of money allegedly involved. Here are the associated penalties for each of the penalty classes of money laundering:

• Class C misdemeanor – Applies to laundered amounts under $2,500. Punishable by a fine of up to $500.
• State jail felony – For laundered amounts between $2,500 and $30,000. Punishable by 180 days to 2 years in jail and up to $10,000 in fines.
• Third-degree felony – For laundered amounts between $30,000 and $150,000. Punishable by 2-10 years in prison and up to $10,000 in fines.
• Second-degree felony – Applies to illegally laundered proceeds between $150,000 and $300,000. Punishable by 2-20 years in prison and up to $10,000 in fines.
• First-degree felony – For laundered amounts over $300,000. Punishable by 5-99 years or Life in prison and up to $10,000 in fines.

If the funds obtained through alleged criminal activity are related to a “scheme or course of conduct”, they may be combined to determine the charge level and penalties. This means that funds from various illegal activities may be added together if the state believes it has evidence of an organized scheme. In addition, law enforcement may seize funds or property they believe to be connected to criminal activity under state civil asset forfeiture laws.

Defenses to Money Laundering Charges

If you are facing money laundering charges, one or more legal defenses may apply to your case. An experienced Houston money laundering lawyer can help you determine which defenses may be feasible.

Lack of Intent

One of the primary defenses against money laundering charges is lack of intent to engage in illegal activity. Prosecutors must show that you knowingly concealed or disguised the illicit origins of the funds. Mistaken belief in the legality of the transactions or coercion by third parties may also support a lack of intent defense.

Insufficient Evidence

You and your attorney may argue that the evidence presented by the prosecution is circumstantial, speculative, or insufficiently linked to alleged criminal conduct. A criminal defense lawyer can highlight inconsistencies, gaps in evidence, or weaknesses in the prosecution’s case to raise reasonable doubt about your guilt.

Effective defense strategies may involve challenging the admissibility of evidence, cross-examining witnesses, presenting an alibi, or introducing exculpatory evidence to cast doubt on the prosecution’s case. Ultimately, the prosecution has the burden to prove your guilt beyond a reasonable doubt.

Procedural Defenses

Procedural defenses challenge the legality of law enforcement actions or present procedural errors that may have occurred during the investigation, arrest, or prosecution. You may argue that your constitutional rights were violated during the investigation. Common examples include unlawful search and seizures, Miranda rights violations, or coerced confessions.

Procedural defenses may also involve challenges to the sufficiency or legality of search warrants, wiretap orders, or other investigative techniques used by law enforcement agencies. When raising procedural defenses, you seek to suppress evidence obtained through illegal or unconstitutional means. If successful, this can lead to the dismissal of charges or the exclusion of key evidence at trial.

How Can a Houston Money Laundering Lawyer Help?

If you are facing accusations of money laundering, it is important to seek the advice and counsel of an experienced criminal defense lawyer. At the Law Office of Amanda Skillern, PLLC, we offer the support and expertise you need to tackle these charges.

• Detailed Case Review: We start by analyzing all aspects of your case to understand the specific money laundering allegations. This allows us to identify any weaknesses in the prosecution’s arguments and build a robust defense.
• Representation and Advocacy: Amanda Skillern and her team will be with you throughout all stages of your case, handling communications with law enforcement, negotiating with prosecutors, and representing you in court if necessary.
• Tailored Defense Strategies: Our team will develop a tailored defense strategy for you. This might include challenging the evidence, questioning the methods used to trace the money flow, and presenting alternative explanations for the financial transactions in question.
• Clear Communication: We prioritize keeping our clients well-informed. You will receive regular updates about your case and clear explanations of your options, enabling you to make confident decisions.
• Support and Guidance: We recognize the stress that accompanies criminal charges. Our team is here to offer not just legal assistance but also reassurance and guidance throughout the process.

With a background of handling money laundering charges from both sides of the process, the Law Office of Amanda Skillern, PLLC will aim for the most favorable resolution of your case. Trust us to provide the representation you need to safeguard your future.