Monetary Instruments Derived from Unlawful Activity

NRS 207.195 – Use of Monetary Instruments Derived from Unlawful Activity

Under Nevada State NRS 207.195 it is a crime to use monies derived from unlawful activity. As a rule, states generally do not condone the use of ill-gotten gains, which is money derived through illegal activities. Many states make it a crime to use the ill-gotten gains in any form. The crime of “use of monetary instruments derived from unlawful activities” is Nevada’s version of that statute.

This page will explain what the crime of use of monetary instruments derived from unlawful activity is, how to defend against this charge, and the potential penalties one might face if convicted of the crime.

Use of monetary instruments derived from unlawful activity as a crime under NRS 207.195.

Under NRS 207.195 it is crime to use a monetary instrument gained through unlawful activity in order to:

• Conduct, or attempt to conduct, a financial transaction involving the instrument with the intent to further any unlawful activity.

It is also a crime under NRS 207.195 to transport the monetary instrument gained from unlawful activity if the person transporting the monetary instrument knows that it was gained through unlawful activity.

There are a few key provisions of this statute. First, the unlawful activity the money is derived from must itself be a felony. If the money is derived from unlawful activity that is only a misdemeanor, the statute cannot apply. Second “monetary instruments” is very broad and includes essentially all monetary instruments including cash checks, money order, precious metal or stones, or anything other instrument. It also includes the monetary instruments themselves or any proceeds gained either directly or indirectly from the instrument. As an example, if there are diamonds gained through unlawful activity and those diamonds are sold, the proceeds from the sale of the diamonds still count as a monetary instrument gained through unlawful activity and thus fall under the statute.

Defenses to a use of monetary instrument derived from unlawful activity charge

If you or a loved one have been charged with this crime in Nevada it is important to remember that the burden is proof is upon the State of Nevada to show beyond a reasonable doubt that you have committed the crime. Most crimes have defenses that can be raised to refute the state’s argument. An experienced attorney may raise the following defenses against this charge:

• The person using or transporting the monetary instrument must have actual knowledge the monetary instrument in question was acquired through ill-gotten gain. If the person using or transporting the monetary instrument does not actually know that it was acquired through an ill-gotten gain, the charge will not stand.