Money Laundering

Money Laundering Charges Require Immediate Legal Attention

Federal money laundering cases rarely start with an arrest. They start quietly, with an IRS audit, a subpoena, and a frozen account. By the time charges are filed, the government has already built its case.

When federal agents identify irregularities in financial movement, a civil matter can rapidly escalate into a criminal investigation led by IRS Criminal Investigation (IRS-CI) or other federal agencies.

Individuals and business owners facing these inquiries must recognize the severity of the situation immediately. The government has significant resources to track financial flows and does not require a conviction to disrupt a defendant’s assets or freedom.

What to Do Immediately When a Federal Money Laundering Investigation Begins

Securing experienced legal counsel early in the process is essential to protecting your rights, assets, and business interests. The initial stage of a federal investigation is often the most dangerous.

Before any charges are filed, federal agencies may already be tracking financial transactions, issuing subpoenas, or preparing to freeze accounts. What you do or fail to do at this stage can directly affect your ability to protect your property, your livelihood, and your freedom.

Immediate steps to take include:

  • Retain experienced federal defense counsel immediately to manage all contact with investigators and prosecutors.

  • Do not speak with federal agents or investigators without legal representation present, even if the inquiry appears informal.

  • Preserve financial records and documentation without altering or attempting to explain transactions independently.

  • Avoid voluntary disclosures or explanations to banks, accountants, or third parties without legal guidance.

  • Review subpoenas, summonses, and document requests with counsel to ensure they are lawful and properly limited.

  • Assess immediate asset-freeze and forfeiture risks to protect operating funds, payroll, and essential expenses.

Taking immediate legal action helps control communication with federal agencies, limit unnecessary disclosures, and prevent avoidable mistakes that can strengthen the government’s case.

Immediate risks associated with federal money laundering investigations include:

  • Frozen bank and business accounts: Sudden loss of access to operating funds, payroll accounts, and personal savings, often without prior notice, which can halt business operations overnight.

  • Asset seizure before conviction: Federal authorities may seize cash, real estate, vehicles, or other property they allege is connected to unlawful activity, even before any finding of guilt.

  • Expanded federal criminal exposure: Money laundering allegations are frequently paired with tax, fraud, or reporting violations to increase prosecutorial leverage and potential sentencing exposure.

Financial and professional consequences: Risk of license suspension, loss of banking relationships, and long-term reputational harm that can persist even after the investigation concludes.

Types of Money Laundering Cases We Handle

McCauley Law Offices provides defense representation for a wide spectrum of federal financial crimes. We handle complex matters involving domestic and international financial regulations.

  • Federal money laundering charges (18 U.S.C. § 1956 and 18 U.S.C. § 1957)
  • IRS Criminal Investigation (IRS-CI)
  • FBAR and offshore account cases
  • Asset forfeiture and seizure proceedings
  • Structuring and financial reporting allegations
  • Cryptocurrency-related financial investigations

How Money Laundering Charges Commonly Arise

Modern money laundering charges often stem from not following applicable laws or rules, rather than traditional organized crime. In the current regulatory environment, federal agencies carefully check large volumes of financial data to identify patterns suggestive of concealment.

Charges frequently arise in the context of tax evasion investigations or failures to report international assets. Even legitimate business owners can face scrutiny if financial transactions appear designed to bypass reporting requirements.

Common triggers for investigations include:

  • Tax reporting failures: Discrepancies between reported income and lifestyle or banking activity.
  • FBAR noncompliance: Failure to report foreign bank accounts or assets exceeding $10,000.
  • Structuring allegations: Consistently depositing cash in amounts just under $10,000 to avoid Currency Transaction Reports (CTRs).
  • Offshore account scrutiny: Transactions involving jurisdictions with strict bank secrecy laws.

Defense at Every Stage of a Federal Investigation

Federal investigation matters may involve legal intervention at different stages. Understanding the distinction between pre-indictment and post-indictment defense is critical for protecting your rights and property.

A seasoned federal money laundering lawyer understands how federal investigations unfold and where early intervention can change the trajectory of the case.

Pre-Indictment (Pre-Charge) Defense

This stage occurs during the investigation phase, before formal charges are filed. The focus is often on mitigating exposure and managing the flow of information to federal agents.
Action / Task Description
Early legal intervention Engaging with federal agents and prosecutors to ensure rights are protected and potentially influence the direction of the inquiry.
Document and evidence review Checking the legality of subpoenas, administrative summonses, and information requests to protect constitutional rights.
Strategic communication Managing interactions with investigators to prevent unintentional self-incrimination or misstatements.
Voluntary disclosure & tax compliance review Mitigating potential triggers of formal charges through careful analysis of past reporting.

Post-Indictment (Post-Charge) Defense

After charges are formally filed, the strategy shifts toward formal defense and litigation. This phase involves challenging the government’s case in court.
Action / Task Description
Review of the indictment Identifying errors, omissions, or technical defenses within the charging document.
Motions to suppress evidence Challenging illegally obtained documents, wiretaps, or statements in court under the Fourth Amendment.
Financial forensic analysis Examining transactions and tracing funds to dispute the prosecution’s narrative of illicit origin through a detailed evidence review.
Asset forfeiture defense Contesting the seizure or freezing of property post-charge to preserve resources during litigation.
Trial preparation and negotiation strategy Ensuring proper legal representation throughout proceedings, whether moving toward trial or resolution.

What the Government Must Prove in a Money Laundering Case

To secure a money laundering conviction under federal law, the prosecution bears a heavy burden of proof. 

They must establish specific elements beyond a reasonable doubt. If the defense can successfully challenge the evidence regarding any single element, the charge cannot stand.

Under 18 U.S.C. § 1956, the government generally must prove:

  • Financial Transaction: You conducted or attempted to conduct a financial transaction.
  • Illegal Proceeds / Specified Unlawful Activity (SUA): The transaction involved the proceeds of a specific illegal activity.
  • Knowledge: You had specific knowledge that the proceeds were derived from an illegal activity.
  • Intent to Conceal: You knew that the purpose of the transaction was to conceal or disguise the nature, location, source, ownership, or control of the proceeds.

Consequences of a Money Laundering Conviction

Federal sentencing guidelines for money laundering are severe. Prosecutors often use these potential penalties to pressure defendants into plea agreements. 

Understanding the gravity of these consequences is necessary for making informed legal decisions.

A conviction may result in:

  • Significant imprisonment: Federal prison sentences for money laundering can be substantial.
  • Substantial financial penalties: Fines often exceed the amount of money involved in the alleged transaction.
  • Asset forfeiture: Permanent loss of personal property, real estate, and financial assets.
  • Professional licensing issues: Revocation of legal, medical, or financial licenses.
  • Long-term financial consequences: Permanent criminal record affecting future employment and banking relationships.

Our Defense Approach in Money Laundering Cases

McCauley Law Offices employs a strategic, evidence-based approach to white-collar defense. In our role as money laundering defense attorneys, we scrutinize the government’s financial case and challenge any investigative overreach that infringes on constitutional rights.

Our defense strategies include:

  • Early legal intervention: Engaging with federal agents and prosecutors during the investigative phase to mitigate charges.
  • Review of search warrants and subpoenas: Scrutinizing the legality of evidence collection and filing motions to suppress evidence obtained in violation of the Fourth Amendment.
  • Financial and forensic analysis: Utilizing forensic accountants to trace funds and challenge the government’s characterization of illegal proceeds.
  • Knowledge and intent challenges: Demonstrating that the defendant lacked the specific intent to conceal funds or knowledge of their illicit origin.

Asset forfeiture defense: Litigating to prevent the permanent seizure of property and unfreeze assets necessary for legal defense and living expenses

Why Choose McCauley Law Offices

Our firm is dedicated to providing rigorous defense for clients facing high-stakes financial allegations. We understand the intersection of tax law and criminal defense.

  • Federal financial investigations: We are familiar with the tactics used by the IRS-CI, FBI, and DOJ.
  • Focus on tax-related criminal defense: Deep understanding of how tax noncompliance evolves into money laundering charges.
  • Direct attorney involvement: Clients work directly with counsel rather than being passed to junior associates.
  • Discretion and confidentiality: We handle sensitive financial matters with the utmost privacy.
  • Clear communication: We explain complex legal statutes in plain language so clients can make informed decisions.

We provide guidance at every stage of the process to help clients understand their options and protect their rights and property.

Contact McCauley Law Offices to arrange a confidential consultation and discuss your case.

DON’T FIGHT THE IRS ALONE

Get the defense you need for your money laundering case today

Frequently Asked Questions (FAQs)

Question Answer
Can the government seize my assets before I am convicted? Yes. Federal agents can take property they suspect is linked to a crime, even if you haven’t been charged or convicted.
How are FBAR violations connected to money laundering? Not reporting foreign bank accounts (FBAR) is a crime. Moving money through unreported accounts can be treated as hiding funds, which may lead to money laundering charges.
What is structuring? Structuring is splitting large cash deposits into smaller amounts to avoid reporting rules. It’s a federal crime, often charged with money laundering.
When should I contact an attorney? Immediately, if federal agents contact you, you get a subpoena, or your accounts are frozen. Early action is critical.
Can frozen bank accounts be released? Yes. A lawyer can challenge the freeze, showing the money isn’t linked to a crime or is needed for essential expenses and legal fees.

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