Elements To Prove Money Laundering Case (2/2)
Need Of Proof
The prosecutor must prove what was done with the money in a money laundering case. They need to link the crime to the people involved and the illegal activity that began it all. The prosecutors must prove that the people who handled the money knew it came from unlawful activities and planned to hide it and make it seem as if it came from a legal source. The prosecutor must show an additional measure and a higher degree of activity. This keeps it lively because the defense has another level of challenge any time a new level is introduced that the government must verify.
To be convicted of money laundering, a person should be the one who carried out the illegal operation from which the funds were obtained. It might appear that if the prosecution cannot prove the individual committed the crime, they cannot be charged for attempting to make money appear legal, although this is rarely the case. An individual would not have to be linked to an illegal crime for the law to apply. The person would not have to be the one who did the unlawful action if they knew the money was clearly illegal.
In other words, anyone who works as a money launderer or accountant for a criminal conspiracy will be charged with both the core crime and money laundering. They could be found guilty of both. Money laundering is often misunderstood as requiring the individual to commit the underlying crime. Another fallacy is that a person cannot be accused of underlying offenses if they are merely engaging in money laundering. That is also not valid since a person may be charged with fraud if they are involved in a chain of criminal activity. Convicted operatives face the same penalty as those who have committed the crime.
Determination of the Penalty for Money Laundering Case
When a defendant is found guilty of money laundering, their sentence would be determined in part by the number of different offenses they committed, the amount of money involved in the deals, and whether or not the defendant has a criminal background. A single first conviction can carry a sentence of up to a year in prison. The criminal could face years in jail if convicted of various crimes. Moreover, a person who is convicted of money laundering has a legal right to a defense against corruption claims, regardless of the seriousness of the charges.
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USA PATRIOT ACT
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