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Money-Laundering Statutes May Implicate the Innocent
The prospect of a federal money-laundering charge being added to offenses under investigation has serious implications. It can mean exposure to heightened penalties. It can also extend the statute of limitations where it involves conduct occurring later than the substantive offense primarily under investigation. Additionally, money-laundering charges can expand the scope of a conspiracy, by sweeping in conduct involving financial transactions performed by other individuals or far removed from the core conduct at issue. For all of these reasons, the reach of the money laundering statutes is significant.
Two Types of Money-Laundering Charges
Section 1956 of Title 18 prohibits two kinds of money laundering, often referred to as “promotion” and “concealment.” Promotion money laundering refers to conducting financial transactions involving criminal proceeds “with the intent to promote the carrying on of specified unlawful activity.” 18 U.S.C. ' 1956(a)(1)(A)(i), (2)(A), 3(A). The classic case of promotion money laundering is familiar: A defendant takes the proceeds of “specified unlawful activity” (defined to include a host of crimes) and plows it back into additional specified unlawful activity.
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