Money Laundering Lawyer
At The Law Offices of Beau B. Brindley, we defend individuals and businesses facing federal money laundering charges and asset forfeiture proceedings. Our approach is the same as every federal case we handle — we prepare to fight, not negotiate. Federal prosecutors who charge money laundering are experienced and well-resourced, and a money laundering lawyer facing these cases must bring equal sophistication and finesse to the defense.
If you are facing federal money laundering charges or asset forfeiture, call 312.765.8878. The earlier a money laundering lawyer enters your case, the more options exist to protect your assets and your freedom. No money laundering lawyer can recover ground lost by waiting, so action is pertinent.
What Is Federal Money Laundering?
Federal money laundering is the process of concealing the source, ownership, or control of proceeds derived from criminal activity. The primary federal money laundering statute is 18 U.S.C., which covers three distinct categories of conduct. First, conducting a financial transaction with proceeds of a specified unlawful activity. In this case, however, individuals charged must know that those proceeds are from criminal activity. Second, transporting monetary instruments across borders with the intent to promote criminal activity. Third, conducting financial transactions designed to evade reporting requirements.
A related statute, 18 U.S.C. § 1957, prohibits engaging in monetary transactions in criminally derived property valued at more than $10,000. Unlike § 1956, § 1957 does not require intent to conceal. Instead, individuals charged only require knowledge that the funds came from criminal activity. As a result, the government uses § 1957 to charge a broader range of financial transactions connected to federal investigations.
Federal money laundering charges almost never stand alone. They are typically layered on top of the underlying predicate offense, ranging from drug trafficking to fraud and public corruption. Consequently, defending a money laundering case requires understanding the full scope of the government’s theory, not just the financial transactions at issue.
What Is Structuring?
What is structuring money? Structuring, also known as smurfing, is the practice of breaking up financial transactions into smaller amounts to avoid federal reporting requirements. Under 31 U.S.C. § 5324, it is a federal crime to structure financial transactions to evade the Bank Secrecy Act’s requirement that financial institutions report cash transactions over $10,000.
Structuring is illegal regardless of whether the underlying funds are from criminal activity. A person can commit the federal crime of structuring even if the money being structured is entirely legitimate, simply because they deliberately kept transactions below the reporting threshold. A money laundering lawyer and money laundering defense attorney must understand both the structuring statute and the Bank Secrecy Act framework to develop and execute an effective defense.
Structuring charges often arise from financial records that look suspicious but have innocent explanations. An experienced money laundering lawyer investigates the full financial history before accepting the government’s narrative. Our team develops the most effective defense theory by utilizing that full financial history.
Asset Forfeiture — The Most Dangerous Weapon
Asset forfeiture is often the most financially devastating aspect of a federal money laundering case. The government can seize assets it believes are connected to criminal activity — before any conviction and sometimes before any charges are filed.
There are two types of asset forfeiture. Criminal forfeiture occurs as part of a criminal conviction, wherein the court orders the defendant to forfeit assets believed to be connected to the offense. Civil asset forfeiture, however, is different and more aggressive. It is an action brought directly against the assets themselves, not the person. In this case, the government files a civil complaint in rem against the property. The property owner must then prove that the property is not subject to forfeiture. This reverses the normal burden of proof, requiring the owner to establish innocence, not the government.
An experienced asset forfeiture lawyer — and specifically a federal asset forfeiture defense attorney — understands how to fight both types of forfeiture proceedings. How to fight asset forfeiture depends on the type of proceeding, the strength of the government’s evidence of connection, and whether any innocent owner defenses apply. In civil forfeiture cases, the government needs only to show probable cause to believe the property is connected to criminal activity. An asset forfeiture attorney must challenge the government’s connection theory, present innocent owner evidence, and use every available procedural mechanism to protect the client’s assets.
Civil vs Criminal Forfeiture — Key Differences
Understanding civil vs criminal forfeiture is critical for anyone facing a federal money laundering investigation. In criminal forfeiture, the government must secure a conviction before it can forfeit property while the defendant has the full protections of criminal procedure. This includes the right to counsel, the right to a jury, and the beyond a reasonable doubt standard. In contrast, civil forfeiture offers none of these protections.
In a civil asset forfeiture lawyer proceeding, the property itself is the defendant — not the individual. The government must only demonstrate the low standard of probable cause that the property is connected to criminal activity. The property owner must then file a claim and contest the forfeiture in civil court. Because civil forfeiture is not a criminal proceeding, the Fifth Amendment right against self-incrimination applies differently. As a result, civil forfeiture is an extraordinarily powerful tool that the government uses aggressively in money laundering cases.
Brindley Law’s property seizure lawyers evaluate both criminal and civil forfeiture exposure from the first day of representation. We file claims, challenge probable cause, present innocent owner evidence, and litigate forfeiture proceedings in federal district court. Protecting your assets requires the same commitment and preparation as defending against criminal charges.
Why Choose Brindley Law for Money Laundering Defense
The Law Offices of Beau B. Brindley is one of a small number of federal criminal defense firms that handle money laundering and asset forfeiture cases at the highest level. Our experience covers federal money laundering prosecutions involving drug proceeds, fraud proceeds, public corruption, and structuring violations. Every money laundering lawyer on our team has experience across the full spectrum of federal financial crime defense.
Our money laundering defense lawyer team approaches every case with the same trial-first mentality that defines our practice. Federal prosecutors rely on the fact that most defense attorneys in money laundering cases prefer to seek a resolution rather than go to trial. We do not. That posture changes the dynamics of every case we handle, starting from the early stages of investigation through sentencing.
As a money laundering defense Chicago and nationwide clients rely on, we bring the full weight of our trial experience to every money laundering and asset forfeiture matter. If you are facing federal money laundering charges or an asset forfeiture proceeding, call 872.302.3116. A money laundering lawyer at Brindley Law is available to discuss your case confidentially
Money Laundering Sentencing Guidelines
Federal money laundering sentencing guidelines are complex. Under the United States Sentencing Guidelines, money laundering offenses are governed by U.S.S.G. § 2S1.1. The baseline level of offense depends on the value of the laundered funds and the Guidelines level of the underlying offense. Enhancements apply for sophisticated laundering, the involvement of financial institutions, and the defendant’s role in the offense.
The money laundering sentencing guidelines frequently produce liability ranges of several years or more, and in large-scale cases, exposure can reach decades. An experienced money laundering defense attorney understands how the Guidelines calculation works, where the disputes are, and how to argue for reductions through departures and variances.
Beyond Guidelines exposure, money laundering convictions carry substantial consequences. Mandatory restitution, asset forfeiture, fines, and loss of professional licenses can be as devastating as the prison term itself. As a result, effective defense of a money laundering case requires a strategy that addresses all of these consequences simultaneously.
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Results
United States v. Szyman — pain-management physician acquitted at trial on federal unlawful prescribing charges
Federal healthcare fraud indictment — charges dismissed before trial.
Federal Practice Areas
Frequently Asked Questions
What is money laundering under federal law?
What is structuring money and is it a crime?
What is structuring money? Structuring is the practice of deliberately breaking up financial transactions to stay below the $10,000 federal reporting threshold. Under 31 U.S.C. § 5324, structuring is a federal crime regardless of whether the underlying funds come from criminal activity. The government is not required to show that the money was derived from illegal activity — only that transactions were deliberately structured to avoid reporting. An experienced money laundering defense lawyer examines the full financial history to challenge the government’s structuring theory.
How do I fight asset forfeiture?
How to fight asset forfeiture depends on whether the proceeding is civil or criminal. In criminal forfeiture, the government must first secure a conviction. Conversely, in civil asset forfeiture, the government files a civil action against the property and must show only probable cause of a connection to criminal activity. An asset forfeiture lawyer can file a claim, challenge the government’s probable cause showing, present innocent owner evidence, and litigate the forfeiture in federal district court. Acting quickly is critical, as strict deadlines apply.
What is the difference between civil and criminal forfeiture?
Civil vs criminal forfeiture differs in burden of proof, timing, and procedure. Criminal forfeiture requires a conviction and applies the full protections of criminal procedure. Civil forfeiture requires only probable cause, is able to proceed before charges are filed, and places the burden on the property owner to contest. A civil asset forfeiture lawyer skillfully navigates civil federal court procedure while simultaneously coordinating with any parallel criminal defense strategy.
What are the penalties for federal money laundering?
Federal money laundering under 18 U.S.C. § 1956 carries up to 20 years in federal prison per count. Fines can reach $500,000 or twice the amount laundered. Money laundering sentencing guidelines under U.S.S.G. § 2S1.1 calculate exposure based on the value of laundered funds and the underlying offense Guidelines level. Additionally, asset forfeiture, restitution, and loss of professional licenses frequently accompany conviction. An experienced money laundering defense attorney argues for reduction at every stage of the Guidelines calculation to achieve a favorable ruling for clients.
What should I do if federal agents seized my assets?
Protect Your Assets and Your Freedom.
Call Brindley Law Today.
Federal money laundering charges and asset forfeiture proceedings can destroy a business and a personal financial future. Every day without experienced counsel is a day the government uses to strengthen its case. Call The Law Offices of Beau B. Brindley at 312.765.8878. As a money laundering lawyer Chicago and nationwide clients rely on, we fight federal money laundering and asset forfeiture cases with the sam