Criminal Defense

Money Laundering Defense Attorneys in Florida

Money laundering accusations are serious federal and state crimes that can severely impact your future. If you’re under investigation or have been charged with money laundering or related offenses like structuring transactions to evade reporting, you need experienced legal representation to safeguard your rights.

Metcalf Falls, Criminal Defense Attorneys, P.A., has extensive experience defending clients in Florida against financial crime allegations. Call (813) 981-7005 today for a free consultation.

Understanding Money Laundering Under Florida Law

Money laundering is governed by Florida Statute § 896.101, which defines it as the act of concealing the origins of money obtained through illegal activities. This includes transferring, transporting, or spending illicit funds to make them appear legitimate.

To secure a conviction, the prosecution must prove that you knowingly:

  • Engaged in or attempted to engage in a financial transaction involving proceeds from unlawful activity.
  • Conducted the transaction with the intent to promote illegal activity, conceal the source of funds, or evade reporting requirements.

Even if you were unaware of the full extent of the criminal activity, you could still face charges if prosecutors argue that you “should have known” about the unlawful source of the funds.

What is Structuring Transactions to Evade Reporting?

Structuring transactions, often referred to as “smurfing,” involves deliberately breaking up large sums of money into smaller deposits or withdrawals to avoid triggering mandatory financial reporting laws. Under Florida Statute § 896.104, structuring is illegal and can lead to criminal charges even if the funds involved are legally obtained.

For example, banks must report transactions over $10,000 to the federal government. Attempting to evade this threshold by conducting smaller transactions could result in severe penalties.

Penalties for Money Laundering and Structuring in Florida

The penalties for money laundering and structuring transactions in Florida vary based on the amount of money involved, the frequency of the transactions, and whether federal charges are also applied. These offenses can carry severe consequences, including lengthy prison sentences, hefty fines, and asset forfeiture.

For money laundering under Florida Statute § 896.101, penalties are categorized based on the value of the financial transactions:

Amounts under $20,000

This is considered a third-degree felony, punishable by:

  • Up to 5 years in prison,
  • A fine of up to $5,000,
  • Probation, restitution, and asset seizure,
  • A permanent criminal record that can affect employment and financial opportunities.

$20,000–$100,000

Classified as a second-degree felony, penalties include:

  • Up to 15 years in prison,
  • A fine of up to $10,000,
  • Potential forfeiture of assets and property linked to the offense,
  • A long-term impact on professional licensing and reputation.

Over $100,000

This is a first-degree felony, carrying the harshest penalties:

  • Up to 30 years in prison,
  • A fine of up to $15,000,
  • Automatic forfeiture of assets tied to the alleged laundering activity,
  • Additional penalties if linked to organized crime or drug trafficking.

For structuring transactions under Florida Statute § 896.104, the penalties include:

  • Prison Sentences: Structuring is typically charged as a federal offense as well, with penalties including up to 5 years in prison per offense.
  • Monetary Fines: Violators may face significant fines based on the amount structured, often exceeding $250,000 for individuals and up to $500,000 for businesses.
  • Asset Forfeiture: The government can seize funds, bank accounts, and property suspected of involvement in structuring.
  • Enhanced Sentencing: Additional penalties can be applied if structuring is linked to other crimes, such as tax evasion or fraud.

In both cases, collateral consequences can include difficulty securing loans, loss of business opportunities, and reputational damage within the financial community.

Defending Against Money Laundering and Structuring Charges

At Metcalf Falls, Criminal Defense Attorneys, P.A., we are committed to crafting a robust defense tailored to your case. We understand the complexities of financial crime investigations and will explore all avenues to protect your rights and freedom.

Lack of Knowledge

Prosecutors must prove you knowingly engaged in illegal financial transactions to secure a conviction. Common defenses include:

  • Demonstrating that you were unaware of the illicit source of the funds.
  • Proving that you had no intent to disguise the origin of the money.
  • Showing that you acted in good faith and without criminal intent.

If you were unknowingly involved in a financial scheme orchestrated by others, we can present evidence to challenge the prosecution’s claims.

Coercion or Duress

If you were forced or threatened into participating in the alleged activities, we can present evidence of coercion, which may include:

  • Threats made against you or your family that compelled your compliance.
  • Evidence of manipulation by criminal enterprises or individuals.
  • Witness testimony corroborating claims of duress.

Florida law recognizes coercion as a valid defense, which can lead to dismissal or reduction of charges.

Insufficient Evidence

Money laundering and structuring cases often rely on complex financial data, and errors can occur. We will:

  • Scrutinize financial records for inconsistencies or incomplete information.
  • Challenge the admissibility of evidence obtained through questionable means.
  • Highlight gaps in the prosecution’s case that fail to meet the burden of proof.

Charges may be dropped or reduced without concrete proof of intent or wrongdoing.

Violations of Your Rights

Law enforcement agencies must follow strict procedures when investigating financial crimes. If your rights were violated, we can file motions to suppress evidence and seek dismissal of charges by proving:

  • Unlawful search and seizure under the Fourth Amendment.
  • Failure to obtain proper warrants for financial records.
  • Coercive interrogation tactics that violated your rights.

Our defense attorneys will meticulously analyze every step of the investigation to identify any procedural errors that can work in your favor.

Frequently Asked Questions About Money Laundering and Structuring

What should I do if I’m under investigation for money laundering?

Avoid making statements to law enforcement without consulting an attorney. Contact an experienced criminal defense lawyer immediately to protect your rights.

Can I face federal charges for structuring transactions?

Yes, structuring violations often fall under federal jurisdiction, particularly when financial institutions are involved. Our attorneys are experienced in both state and federal courts.

What is the statute of limitations for money laundering?

In Florida, the statute of limitations for money laundering is generally 5 years, but certain circumstances may extend this timeframe.

How can I prove that my financial transactions were legitimate?

Keeping thorough records and documentation of your financial activities can help demonstrate that your transactions were legal and properly reported. Our legal team can assist in gathering evidence to support your case.

What are the long-term consequences of a money laundering conviction?

A conviction can result in severe penalties, including imprisonment, fines, and asset forfeiture. Additionally, it can damage your reputation, limit employment opportunities, and make it difficult to conduct future financial transactions.

Can I negotiate a plea deal?

Negotiating reduced charges or alternative sentencing options may be possible, depending on the specifics of your case. 

Why Work With Our Florida Money Laundering Defense Attorneys? 

Money laundering charges in Florida are serious federal or state offenses that can result in severe penalties, including substantial fines, asset forfeiture, and lengthy prison sentences. If you are facing these allegations, working with an experienced defense attorney like Brett Metcalf is essential to protect your rights and financial future.

Money laundering cases often involve complex financial transactions and extensive government investigations. As a former prosecutor at the State Attorney’s Office, Brett Metcalf understands how prosecutors build financial crime cases and the evidence they rely on. He uses this knowledge to identify weaknesses in the government’s case and develop strategic defenses tailored to your unique situation.

Since 2012, Brett has helped Florida residents fight a variety of white-collar crime charges, including money laundering. From the initial investigation to courtroom litigation, Brett works diligently to have charges reduced or dismissed. If the case moves forward, he builds a comprehensive defense aimed at securing a favorable outcome, whether through acquittal, plea negotiation, or minimized penalties.

Brett’s dedication has earned him widespread recognition, including being named a Super Lawyers Rising Star and holding a perfect 10 rating on Avvo.com. With over 90 five-star reviews, his proven track record demonstrates his commitment to helping clients move forward without a criminal record holding them back.

Contact a Florida Criminal Defense Attorney Today

Don’t navigate the legal system alone if you’re facing money laundering or structuring charges. The consequences of a conviction can be life-changing, but an experienced attorney can make a significant difference in your case.

Call (813) 981-7005 or complete our online contact form for a free consultation today.

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