A federal money laundering investigation can threaten your freedom, business, bank accounts, property, and professional reputation. These cases often involve extensive financial records, bank transactions, electronic communications, search warrants, grand jury subpoenas, and allegations that money came from another federal crime.
Federal Money Laundering Defense Attorney Michael J. Petro represents individuals, business owners, executives, and professionals facing federal money laundering investigations and criminal charges.
With more than 35 years of criminal defense experience, Attorney Petro represents clients from the earliest stages of a federal investigation through indictment, motions, trial, sentencing, and appeal.
If federal agents have contacted you about suspicious financial transactions, seized money or property, served a subpoena, or accused you of laundering criminal proceeds, contact Attorney Michael J. Petro before answering questions or producing records.
Federal Money Laundering Charges Under 18 U.S.C. § 1956
Federal prosecutors frequently bring money laundering charges under 18 U.S.C. § 1956.
The statute covers several different forms of alleged money laundering. Depending on the charge, prosecutors may claim that a defendant knowingly conducted a financial transaction involving proceeds of specified unlawful activity for an unlawful purpose or to conceal or disguise the nature, source, ownership, location, or control of those proceeds.
Money laundering charges can arise from allegations involving:
- Wire fraud and mail fraud
- Bank fraud
- Healthcare fraud
- Drug trafficking
- Tax offenses
- Embezzlement and theft
- Mortgage fraud
- PPP, EIDL, and SBA loan fraud
- Public corruption
- Other offenses allegedly generating illegal proceeds
Money laundering is therefore frequently charged together with another alleged federal offense.
Learn more about Federal Crimes defended by Attorney Michael J. Petro.
Federal Monetary Transactions Under 18 U.S.C. § 1957
Federal prosecutors may also charge violations of 18 U.S.C. § 1957.
Section 1957 addresses certain monetary transactions involving criminally derived property valued at more than $10,000 that is derived from specified unlawful activity.
These cases can involve bank deposits, withdrawals, transfers, purchases, investments, business transactions, and other movements of money.
The existence of a financial transaction does not by itself establish money laundering. The government must prove the elements of the particular offense charged, including the required knowledge concerning the criminally derived property.
Money Laundering Conspiracy
Federal prosecutors can also charge conspiracy to commit money laundering under 18 U.S.C. § 1956(h).
A conspiracy charge can substantially expand a federal prosecution because the government may attempt to connect multiple people and financial transactions to a common alleged scheme.
Attorney Petro examines the evidence connecting his client to the alleged conspiracy, including financial records, communications, witness testimony, cooperating defendants, and the government’s evidence concerning the client’s knowledge and intent.
The Government Must Prove Knowledge and Intent
Complex financial activity is not automatically money laundering.
Businesses and individuals routinely transfer money between accounts, purchase assets, make investments, repay debts, move business revenue, and conduct transactions for legitimate reasons.
The government must prove the elements of the specific money-laundering offense beyond a reasonable doubt.
A defense may therefore focus on what the defendant actually knew, the source of the funds, the purpose of the transaction, whether the property constituted proceeds of specified unlawful activity, and whether the evidence proves the intent required by the statute.
Attorney Michael J. Petro attacks the government’s evidence rather than accepting the prosecution’s characterization of a financial transaction.
Federal Money Laundering Investigations
A money laundering case may begin long before anyone is arrested.
Federal agencies can spend months or years gathering bank records, tax records, business records, emails, text messages, financial data, and witness statements before prosecutors seek an indictment.
A person may first learn about an investigation when:
- Federal agents request an interview
- A grand jury subpoena is served
- A bank account is frozen
- Money or other property is seized
- Agents execute a search warrant
- Employees or business associates are interviewed
- A target letter is received
Attorney Petro represents clients during federal investigations and grand jury proceedings. Early representation allows defense counsel to evaluate the investigation, communicate with prosecutors and agents, protect the client’s rights, and begin developing a defense before charging decisions are made.
Do not attempt to explain suspicious transactions to federal agents without first obtaining legal advice. Statements intended to clear up a misunderstanding can become evidence in a later prosecution.
Search Warrants and Financial Evidence
Money laundering investigations frequently depend on evidence obtained from bank accounts, computers, cell phones, email accounts, cloud storage, businesses, homes, and vehicles.
The fact that federal agents obtained a warrant does not end the constitutional inquiry.
Attorney Petro examines how the government obtained its evidence, whether investigators had probable cause, whether the warrant was sufficiently particular, whether agents exceeded the authorized scope of the search, and whether evidence was obtained in violation of the Fourth Amendment.
When evidence is obtained unlawfully, Attorney Petro can file a Federal Motion to Suppress Evidence and ask the court to prevent the government from using it.
Asset Forfeiture in Federal Money Laundering Cases
Money laundering prosecutions often involve more than the possibility of imprisonment.
The federal government may attempt to seize bank accounts, cash, vehicles, real estate, business assets, or other property it claims is connected to criminal activity.
Asset forfeiture can create immediate financial pressure before the criminal case has even been resolved. The seizure of business or personal funds can interfere with a company’s ability to operate, pay expenses, or protect other property.
Attorney Petro examines the government’s legal and factual basis for the seizure and challenges forfeiture when appropriate.
Defending Federal Financial Crime Allegations
Money laundering prosecutions can involve thousands of pages of financial records and years of transactions. The government may present ordinary transfers and purchases as evidence of criminal intent when those transactions have legitimate explanations.
A meaningful defense requires more than reviewing the indictment.
Attorney Petro examines the government’s entire theory of the case, including:
- The alleged source of the money
- Bank and financial records
- Business records
- The movement of funds between accounts
- The defendant’s knowledge and intent
- Communications surrounding particular transactions
- Statements made to investigators
- Cooperating witnesses
- Search warrants and subpoenas
- The relationship between the alleged laundering and the underlying offense
- The government’s calculation of allegedly criminal proceeds
Money laundering allegations also frequently overlap with fraud and other white collar offenses. Learn more about Attorney Petro’s representation in federal white collar criminal cases.
Federal Money Laundering Sentencing
A conviction for federal money laundering can expose a defendant to imprisonment, substantial fines, forfeiture, and other serious consequences.
Federal sentencing is governed by federal statutes, the United States Sentencing Guidelines, and the sentencing factors contained in 18 U.S.C. § 3553(a).
In a money laundering case, the Guideline calculation may be affected by the underlying criminal conduct, the amount of money involved, the defendant’s role, allegations of sophisticated laundering, and other offense characteristics.
Sentencing strategy should therefore begin long before the sentencing hearing. Decisions made during the investigation, plea negotiations, litigation, and trial can affect the sentencing issues that remain if a conviction occurs.
Attorney Petro represents clients throughout the federal criminal process and develops sentencing issues as part of the overall defense strategy.
Federal Money Laundering Defense Attorney Michael J. Petro
Federal money laundering cases are document intensive, financially complex, and aggressively investigated. The government may have already collected substantial financial evidence before you learn that you are under investigation.
That does not mean the government’s interpretation of the evidence is correct.
Attorney Michael J. Petro has more than 35 years of criminal defense experience and represents clients in Tampa, Chicago, and federal courts where he is admitted to practice. He challenges the government’s evidence, litigates constitutional issues, prepares cases for trial, and protects his clients at every stage of a federal prosecution.
If you are under investigation for money laundering, have received a grand jury subpoena or target letter, have had assets seized, or have been charged under 18 U.S.C. § 1956 or § 1957, contact Federal Money Laundering Defense Attorney Michael J. Petro before speaking with federal agents or making decisions that could affect your defense.