Money Laundering Defense

Defense against federal money laundering charges under 18 U.S.C. §§ 1956 and 1957 in the
District of Arizona. Protecting your assets and your freedom.

Myles A. Schneider

30+ Years Federal Defense

Facing Money Laundering Charges? We Can Help.

They’re saying the money in your account came from illegal activity or that you helped move someone else’s money. Money laundering charges carry up to 20 years per count and the government can seize everything you own while the case is pending. Your bank accounts get frozen. Your property gets taken. Your business can’t operate. They do this before you’ve been convicted of anything because the law lets them.

I’ve handled complex money laundering cases involving millions of dollars and I’ve gotten cases dismissed where the government couldn’t prove my client knew the money’s origin. The key is getting involved early before the government locks down their narrative. Call me now.

Federal Statute Details: 18 U.S.C. § 1956 and § 1957

Federal money laundering is primarily governed by two distinct statutes: 18 U.S.C. § 1956 and 18 U.S.C. § 1957. While both target the movement of illicit funds, they have different elements and penalties.

Section 1956 is the broader and more severely punished of the two statutes. It criminalizes the act of conducting a financial transaction with the proceeds of a “specified unlawful activity” (SUA) with a specific intent.

To secure a conviction under § 1956(a)(1), the government must prove the following elements beyond a reasonable doubt:

Financial Transaction: The defendant conducted or attempted to conduct a financial transaction.
Proceeds of Unlawful Activity: The transaction involved property that represented the proceeds of some form of unlawful activity.
Knowledge: The defendant knew that the property involved represented the proceeds of some form of unlawful activity (though they do not need to know the specific crime).
Specific Intent: The defendant acted with one of the following specific intents:
Promotional: To promote the carrying on of specified unlawful activity.
 

Federal Sentencing Guidelines for Money Laundering

Sentencing in federal court is heavily influenced by the United States Sentencing Guidelines (USSG). Money laundering offenses are governed by USSG § 2S1.1.

Under § 2S1.1, the base offense level is determined in one of two ways:

Underlying Offense: If the defendant committed the underlying offense (the specified unlawful activity) and the offense level for that crime can be determined, the base offense level for the money laundering charge is the offense level for the underlying offense.
Value of Laundered Funds: If the defendant did not commit the underlying offense, the base offense level is 8 plus the number of offense levels from the fraud table (§ 2B1.1) corresponding to the value of the laundered funds.

The guidelines provide for several enhancements that can significantly increase the offense level and, consequently, the recommended prison sentence:

Knowledge of Specific Crimes: If the defendant knew or believed the funds were proceeds of, or intended to promote, drug trafficking, crimes of violence, firearms offenses, explosives, national security offenses, or sexual exploitation of a minor, the offense level increases by 6 levels.
Statutory Conviction: A conviction under § 1956 results in a 2-level increase, while a conviction under § 1957 results in a 1-level increase.
Business of Laundering: If the defendant was in the “business of laundering funds,” the offense level increases by 4 levels.
 

DOJ Enforcement Trends

The Department of Justice (DOJ) has increasingly prioritized the prosecution of money laundering, viewing it as the lifeblood of transnational criminal organizations, drug cartels, and sophisticated fraud schemes.

Cryptocurrency and Digital Assets: The DOJ has established the National Cryptocurrency Enforcement Team (NCET) to target the use of digital assets in money laundering. Prosecutions involving mixers, tumblers and unregulated exchanges have surged.
Professional Enablers: There is a renewed focus on prosecuting “professional enablers”—lawyers, accountants, real estate agents, and financial advisors who facilitate money laundering for their clients.
Corporate Transparency Act (CTA): The implementation of the CTA, which requires the disclosure of beneficial ownership information, is expected to generate a wave of new investigations targeting the use of anonymous shell companies.
Multi-Agency Task Forces: The DOJ relies heavily on Organized Crime Drug Enforcement Task Forces (OCDETF) and High Intensity Drug Trafficking Areas (HIDTA) task forces to coordinate complex, multi-jurisdictional investigations.
 

Arizona and District of Arizona Specifics

The District of Arizona, encompassing both the Phoenix and Tucson divisions, presents a unique landscape for money laundering prosecutions due to its proximity to the U.S.-Mexico border.

The U.S. Attorney’s Office for the District of Arizona places a high priority on prosecuting money laundering associated with:

Drug Cartels: The laundering of proceeds from fentanyl, methamphetamine and cocaine trafficking is a primary focus. Bulk cash smuggling across the border and the use of trade-based money laundering (TBML) are heavily scrutinized.
Human Smuggling: The financial networks supporting human smuggling and trafficking organizations are aggressively targeted.
Real Estate and Fraud: Given Arizona’s dynamic real estate market, authorities frequently investigate mortgage fraud and the use of real estate transactions to launder illicit funds.

Recent cases in Arizona highlight these priorities. For example, federal prosecutors have secured convictions against individuals operating complex networks that funneled millions of dollars in drug proceeds through seemingly legitimate businesses in Phoenix and Tucson before transferring the funds to Mexico.

 

The Federal Investigation Process

Federal money laundering investigations are typically long, complex and resource-intensive. They are rarely conducted by a single agency.

IRS Criminal Investigation (IRS-CI): The premier agency for tracing financial transactions. They possess unparalleled expertise in forensic accounting and tax-related money laundering.
Federal Bureau of Investigation (FBI): Often leads investigations involving complex fraud, public corruption, and organized crime.
Homeland Security Investigations (HSI): Focuses on cross-border financial crimes, bulk cash smuggling, and trade-based money laundering.
Drug Enforcement Administration (DEA): Investigates money laundering directly tied to narcotics trafficking.

Investigations are often triggered by:

Suspicious Activity Reports (SARs): Filed by financial institutions when they detect unusual transaction patterns.
Currency Transaction Reports (CTRs): Filed for cash transactions exceeding $10,000.
 

Common Fact Patterns

Money laundering charges arise in a variety of contexts, but certain fact patterns are particularly common:

The Drug Trafficker’s Front Business: A drug trafficking organization uses a cash-intensive business (e.g., a car wash, restaurant or nail salon) to commingle illicit cash with legitimate revenue, making the drug proceeds appear as lawful business income.
Structuring (Smurfing): An individual breaks down a large sum of illicit cash into smaller deposits (e.g., $9,000 each) across multiple bank accounts to evade the $10,000 CTR reporting requirement.
Real Estate Purchases: Using illicit funds to purchase real estate, often through a shell company or a straw purchaser, and later selling the property to integrate the funds into the legitimate financial system.
Cryptocurrency Tumbling: A hacker or dark web vendor uses cryptocurrency mixers to obscure the transaction history of stolen or illicitly obtained Bitcoin before cashing out through an exchange.
The Unwitting Professional: An attorney or accountant who sets up offshore trusts or shell companies for a client, deliberately ignoring red flags about the source of the client’s wealth (willful blindness).
 

Defense Strategies

Defending against federal money laundering charges requires a sophisticated understanding of financial transactions and federal criminal law. Experienced defense attorneys employ several strategies:

Lack of Knowledge: The government must prove the defendant knew the funds were derived from unlawful activity. If the defendant genuinely believed the funds were legitimate, this element is defeated.
No Specific Intent (for § 1956): The defense may argue that the transaction was not designed to conceal the nature or source of the funds, nor to promote further illegal activity. Ordinary spending, without the intent to conceal, does not violate § 1956 (though it may implicate § 1957).
Tracing Failures: The government must trace the funds involved in the transaction back to the specified unlawful activity. In complex cases involving commingled accounts, the defense can challenge the government’s forensic accounting and argue that the specific funds used were legitimate.
Entrapment: In sting operations, the defense may argue that the government induced a defendant who was not otherwise predisposed to commit the crime.
Challenging the Underlying Offense: Because money laundering requires a predicate offense (the SUA), successfully defending against the underlying crime (e.g., proving no fraud occurred) inherently defeats the money laundering charge.
 

Consequences Beyond Prison

A federal money laundering conviction carries devastating collateral consequences that extend far beyond incarceration and fines:

Asset Forfeiture: The government will aggressively pursue civil and criminal forfeiture of any property involved in the offense or traceable to the laundered funds. This can include homes, bank accounts, vehicles and businesses.
Professional Ruin: Convicted individuals will almost certainly lose professional licenses (e.g., law, accounting, real estate, medical).
Immigration Consequences: Money laundering is considered an aggravated felony and a crime involving moral turpitude, leading to mandatory deportation for non-citizens.
Debarment: Exclusion from participating in federal programs, including Medicare/Medicaid and government contracting.
Supervised Release: Upon release from prison, defendants face years of supervised release with strict conditions, including severe restrictions on financial activities and employment.

A: Money laundering involves conducting financial transactions with the proceeds of illegal activity to conceal their source or promote further crime. Structuring involves breaking down cash transactions (even legitimate cash) to evade the $10,000 reporting requirement. Structuring can be a form of money laundering if the cash is illicit, but it is also a standalone crime under 31 U.S.C. § 5324.

A: Yes. You do not need to be involved in the underlying crime (e.g., the fraud or drug trafficking) to be charged with money laundering. If you knowingly conduct a financial transaction with the proceeds of that crime to conceal its source, you can be prosecuted.

 

A: An SUA is a predicate offense that generates the illicit funds. The federal statute lists hundreds of SUAs, including drug trafficking, wire fraud, mail fraud, healthcare fraud, human trafficking, and various state and foreign crimes.

 

A: The government can prove knowledge through direct evidence (e.g., emails, text messages, recorded conversations) or circumstantial evidence. They can also rely on the doctrine of “willful blindness” or “conscious avoidance,” arguing that you deliberately ignored obvious red flags that the money was tainted.

 

A: Generally, no. There is a specific safe harbor provision in 18 U.S.C. § 1957(f)(1) that exempts transactions necessary to preserve a person’s right to representation as guaranteed by the Sixth Amendment. However, this exemption is narrow and does not protect attorneys who actively participate in concealing funds.

 
 

A: You should politely decline to answer any questions and immediately contact an experienced federal criminal defense attorney. Anything you say can and will be used against you. Do not attempt to explain the transactions or provide documents without legal representation.

 

A: These investigations are notoriously slow and can take months or even years. Federal agencies meticulously gather bank records, tax returns, and witness testimony before seeking an indictment. If you suspect you are under investigation, early intervention by an attorney is crucial.

 

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Facing federal charges? Call now for a free, confidential consultation with an experienced federal defense attorney who has handled these cases for over 30 years.

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Myles A. Schneider

30+ Years Federal Defense Experience

U.S. Army Veteran (82nd Airborne)

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