Money Laundering Defense in Ventura

Your Defense Led by a Former Senior Deputy District Attorney

A money laundering investigation may focus on deposits, transfers, withdrawals, payments, purchases, or attempted transactions allegedly involving criminal proceeds. Critical questions include what occurred, when it occurred, how much money was involved, and what the accused knew about the source of the funds.

Investigators may interpret financial records and communications without their full business or personal context. Before answering questions, seek legal advice and preserve relevant bank records, invoices, contracts, messages, and account statements.

If you’re under investigation, have been arrested, or face charges under California Penal Code section 186.10, call (877) 378-6147 to discuss your next steps.

California Penal Code Section 186.10

California Penal Code section 186.10 applies to transactions or attempted transactions conducted through one or more financial institutions. The monetary instruments involved must exceed $5,000 during a seven-day period or $25,000 during a 30-day period. The prosecution must also establish the required mental state. Monetary instruments generally include money and other instruments used to transfer value.

A large or unusual transaction doesn’t establish criminal conduct by itself. Prosecutors must prove beyond a reasonable doubt that the accused acted with one of the mental states specified by the statute.

The prosecution may rely on either of these theories:

• Specific intent: The transaction was intended to promote, manage, establish, carry on, or facilitate criminal activity.
• Knowledge: The accused knew the monetary instrument represented or was derived from criminal proceeds, meaning funds generated through criminal activity.

Evidence may include bank activity, communications, invoices, contracts, business records, witness statements, and information about the alleged underlying crime. I examine whether that evidence proves intent or knowledge rather than mere association with an account, person, or transaction.

Potential Penalties for Money Laundering

A violation may result in county jail or felony punishment under California Penal Code section 1170. The court may also impose a fine of up to $250,000 or twice the value of the property transacted, whichever is greater.

Other potential consequences under the statute include:

• Qualifying individual transactions and transaction series may be charged as separate punishable offenses.
• Additional consecutive prison terms may apply when the transaction value exceeds $50,000, $150,000, $1 million, or $2.5 million.
• Related white collar crime allegations involving fraud, embezzlement, identity theft, tax offenses, or conspiracy may result in separate charges, depending on the facts.

Federal money laundering charges are a separate possibility in some investigations. Federal statutes, agencies, courts, and procedures differ from those involved in a California prosecution. The applicable jurisdiction and potential exposure depend on the specific allegations.