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A money laundering investigation may begin with a frozen bank account, a federal subpoena, unexpected questions about business transactions, or a visit from investigators. By the time you learn about it, federal agents may already have spent months examining financial records.
Money laundering charges can threaten your freedom, business, and assets. But unusual financial activity is not automatically criminal. Prosecutors must establish the particular elements of the offense, including the required connection to unlawful activity and the defendant’s knowledge or intent.
At LV Criminal Defense, Las Vegas attorney Nick Wooldridge represents clients facing serious state and federal criminal allegations. Whether investigators are examining a casino transaction, business payments, or cryptocurrency transfers, understanding precisely what they allege is the first step toward an effective defense.
Under investigation? Call (702) 623-6362 to discuss your situation before making potentially consequential decisions.
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Money laundering generally involves certain financial transactions connected to unlawful activity, but federal law reaches further than simply hiding illegally obtained money.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
In addition to pursuing transactions designed to facilitate certain crimes, hide criminal proceeds, or circumvent reporting requirements for financial transactions under 18 U.S.C. § 1956; prosecutors can prosecute transactions related to tax offenses and international transfers.
Under a different statute, 18 U.S.C. § 1957, it is illegal to engage in qualifying monetary transactions involving more than $10,000 in property obtained through specified unlawful activity. However, unlike concealment laundering, there is no need to prove that the transaction was made with the intent of hiding where the money came from.
Nevada also has its own money laundering law, NRS 207.195, covering specified transactions and transportation involving unlawful proceeds, as well as certain reporting-evasion conduct.
The important distinction is that not every suspicious transaction is a crime. The applicable statute, source of funds, knowledge, intent, and circumstances all matter.
Las Vegas has a unique financial environment that includes casinos, hospitality businesses, real estate investments, international visitors, and significant amounts of cash transactions. Investigations may be based upon:
When I initially met with Mr. Wooldridge, he took the opportunity to sit and go over my problem with me. He described details in my case which he found disturbing and explained why he I should have him on my side.
Casinos are subject to federal anti-money laundering reporting requirements. A suspicious activity report may initiate scrutiny, but it is not proof that a patron committed a crime.
Money laundering investigations may also accompany allegations of federal drug trafficking, healthcare fraud, or RICO violations. Each alleged offense still requires the applicable proof.
Potential punishment depends on which statute prosecutors use.
| Offense | Potential imprisonment | Financial penalties |
|---|---|---|
| Federal money laundering — 18 U.S.C. § 1956 | Up to 20 years | Generally, a fine up to the greater of $500,000 or twice the transaction value |
| Federal monetary transactions — 18 U.S.C. § 1957 | Up to 10 years | Applicable federal fines, potentially including an alternative fine up to twice the criminally derived property’s value |
| Nevada money laundering — NRS 207.195 | Category C felony: 1–5 years | Possible fine up to $10,000 |
These are statutory penalties, not predictions of a particular sentence. Federal sentencing calculations depend on additional factors, including the offense conduct and criminal history.
Asset Forfeiture is also a major concern. If authorities believe you used money, vehicles, real estate, etc., to launder money then they could seize them. This can happen prior to the start of a criminal case.
A meaningful defense starts with the actual financial records, not a generic assertion that the defendant lacked criminal intent. Different money laundering charges require different approaches.
Challenging the claimed source of funds. Multiple bank accounts can be used by prosecutors to trace funds back to fraud, drug use, or other crimes. An investigation conducted by a defense attorney may find legitimate business income, documented loans, investment, or transaction documentation that will refute the prosecutor’s tracing analysis.
Knowledge and Intent. Money being handled does not necessarily show that the individual knew where the money came from. To convict on charges of concealment or promotion, the government must also prove the required mental state. Concealment intent is not needed for all federal money laundering charges.
Questioning the transaction itself. The amount, party, financial institution, time, and transaction history can all be relevant. For example, under § 1957, a qualifying monetary transaction must exceed $10,000. A lawyer will review if the prosecution has demonstrated these requirements.
Challenge the government’s evidence. Most financial investigations will include reviewing bank records; electronic communications; interviewing people; getting search warrants; and analyzing complicated transactions. A lawyer can challenge evidence that was illegally obtained through a search; evidence that is based on unreliable information; and/or evidence that does not support the crime charged.
Separate involvement from criminal liability. Many times, business partners, employees, relatives and financial intermediaries will be investigated just because they have a transaction record. However, each individual needs to be evaluated based on their knowledge, actions and legal responsibilities.
The defense needs to attack the specific theory of the prosecution rather than assuming all money laundering charges require the same amount of proof.
A frozen account can cause problems with payroll, mortgage payments, and other day-to-day business activities before you have been convicted of a crime.
Federal authorities may seek criminal or civil forfeiture of property allegedly involved in money laundering. However, a seizure or restraint does not necessarily mean the government is entitled to keep the property.
An attorney can examine the legal basis for the restraint, applicable deadlines, ownership interests, and available ways to contest the government’s position. Read more about civil asset forfeiture.
If the FBI, IRS Criminal Investigation, or another agency contacts you about financial activity, avoid making improvised explanations or attempting to reconstruct transactions from memory.
You can request legal counsel before participating in a voluntary substantive interview. Do not lie to investigators, destroy records, alter financial information, or move assets to frustrate an investigation.
A subpoena is something that you cannot ignore. The subpoena will set a deadline for producing the requested materials; therefore, it is necessary to thoroughly examine all responsive documents as well as any applicable legal protections.
It is especially important to obtain legal counsel early on prior to an indictment. At this time, the defense may be able to clarify the charges against them, protect evidence that is beneficial to their case, and/or discuss the case with the prosecutor.
Money laundering cases demand attention to both criminal law and the underlying financial activity. A defense may require reviewing years of transactions, examining the alleged underlying offense, and understanding how prosecutors interpret the movement of funds.
Nick Wooldridge of LV Criminal Defense represents people who have been accused of committing serious crimes in Las Vegas. He will assess the evidence that the government has against you, find any legal flaws in their case, and develop a defense based on the facts of your situation.
Whether you are being investigated by the State or prosecuted in the United States District Court for the District of Nevada, the objective is to protect your rights and allow you to make informed decisions at each stage of the process.
Yes. Under federal law, there are several types of offenses related to the promotion of illegal activity and some types of transactions involving criminally obtained property. Concealment is not an element of all money laundering charges.
No. Nevada separately criminalizes money laundering-related conduct under NRS 207.195. Whether state or federal prosecutors pursue a case depends on the conduct, applicable jurisdiction, and other circumstances.
Yes, but it depends on the evidence and legal issues. It is possible that a prosecutor will have difficulty establishing the existence of criminal proceeds; the knowledge or intent of the defendant; qualifying transactions; or other elements of the offense. Therefore, dismissal is never guaranteed.
If your finances are under investigation or you have already been charged, contact LV Criminal Defense at (702) 623-6362 to discuss your situation with attorney Nick Wooldridge.
Federal Criminal Attorney in Las Vegas, Nevada