20 Basic Facets to Money Laundering Law

“Money laundering” as it is commonly called, involves the transfer of monies that are a product of criminal activity – whether that activity is drug trafficking related or white collar crime related. Although there is a fairly broad definition of money laundering, the federal money laundering laws were enacted to attempt to take the profit out of criminal activity.

Congress has passed several laws over the years to prevent profits of criminal activity from being utilized, such as Currency Transaction Reports. The Anti-Money Laundering Statutes criminalizes the movement and use of profits/wealth created by criminal activity. See Title 18, United States Code, Sections 1956 and 1957.

Many people have concerns about these statutes, included the apparently broad application of these statutes, especially concerns about reaching into legitimate business activities. A common example of this concern is a scenario where an individual or business handles money with no knowledge of any criminal origin, which could result in prosecution for money laundering in federal court.

In summary, the government has to prove that a person knowingly made some transfer or transaction with monies that were proceeds of a specified unlawful activity. The two commonly used statutes in federal courts, 18, U.S.C., Sections 1956 and 1957, list the specified unlawful activities that are the basis for federal money laundering.

Key Aspects of the Money Laundering law num. 1956. Laundering of Monetary Instruments include: (a) (1) Whoever, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activities: (A) (i) with the intent to promote the carrying on of specified unlawful activity; or (ii) with intent to engage in conduct constituting a violation of section 7201 or 7206 of the Internal Revenue Code of 1986; or (B) knowing that the transaction is designed in whole or in part: (i) to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or (ii) to avoid a transaction reporting requirement under State or Federal law, shall be sentenced to a fine of not more than $500,000 or twice the value of the property involved in the transaction, whichever is greater, or imprisonment for not more than twenty years, or both. (2) Whoever transports, transmits, or transfers, or attempts to transport, transmit, or transfer a monetary instrument or funds from a place in the United States to or through a place outside the United States or to a place in the United States from or through a place outside the United States.

Neil Lemons represents Dallas-based criminal attorney John Teakell, who offers defense for money laundering , and other white collar offenses. For more information, visit http://www.teakelllaw.com.

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Criminal Defense – White Collar Crime

White Collar Crimes are defined as non-violent acts committed by individuals or businesses in the course of daily working activity. Some of these crimes include embezzlement, bribery, tax evasion, false advertising and other types of fraud. They are generally used to obtain money, property or services to gain advantage in business or in ones personal life.

According to the FBI, white collar crimes cost the United States more than $300 billion annually. These crimes are considered to be federal offenses and even though state and local law enforcement may be involved in the cases, charges will most often be presented by federal agencies such as the FBI, IRS, US Customs, Secret Service, EPA or the SEC.

Penalties for white collar offenses generally include fines, house arrest, community confinement and sometimes imprisonment. Federal agencies will many times make mistakes when prosecuting these criminals. They routinely make mistakes that violate peoples constitutional and civil rights. That is why it’s so important to hire a lawyer if you’ve been charged with any of these types of crimes. Just going to trial can be enough to humiliate, embarrass and often time destroy the future of a growing business. It’s best to just settle these cases outside of the courtroom and protect the name of your business.

Kerry Steigerwalt & Associates is San Diego’s most prestigious criminal law firm. If you have been convicted of Fraud or any other type of criminal offense then please visit us today at http://www.sddefenselawyers.com.

tgoing@comoms.com

Child Support Enforcement Federal Criminal Law

Child support enforcement is a growing area of family law. Once child support has been ordered by a Court, or agreed upon by two parents, it is not always smooth sailing. Although we hear a lot about “deadbeat parents” (and there are both moms and dads who are deadbeats), the overwhelming majority of parents pay support and take care of their children as agreed upon or ordered. But, when that is not the case, you have to know how child support enforcement works.

Child support enforcmement in one form or another is available in every state for collecting against deadbeat parents. Those child support enforcement remedies include wage garnishment, intercepting tax refunds, suspending a driver’s or professional license, and more.

In addition to the child support enforcement remedies that the individual states provide, the is a federal remedy which is often overlooked, but which is very effective. That child support enforcement remedy is the Child Support Recovery Act of 1992.

Under the Child Support Recovery Act, the failure to pay child support, if willful, is a federal crime if the parent who owes support lives in a different state than the parent who is receiving the support. Relying on this criminal statute can be a very effect child support enforcement tool.

The purpose of the Federal Child Support Recovery Act was to prevent a parent from moving to a different state or a foreign jurisdiction for the purpose of evading a child support order. However, since we live in an incredibly mobile society, it is not unusual to have a support paying parent in one state and a support receiving parent living in another state. When that happens, the Federal Act is available as a remedy for interstate child child support enforcement.

A first offense under the Federal Child Support Recovery Act can result in a prison sentence of up to six months in addition to monetary fines. A second conviction can result in more jail time and greater fines.

The Child Support Recovery Act was amended in 1998 and is now know as the Deadbeat Parents Punishment Act. The 1998 Act makes it a federal crime to travel to another state to avoid a child support obligation, if that support obligation is greater than $5000 and has remained unpaid for more than one year. If the obligation is greater than $10,000 and has remained unpaid for more than 2 years, if is a federal crime under the 1998 Deadbeat Parents Act simply to have not paid the child support.

The penalties available for child support enforcement under the 1998 Deadbeat Parents Act include prison sentences, fines and restitution. Restitution is the payment of money to the custodial parent in an amount equal to the child support arrearage existing at the time that the defendant is sentenced. Probation can also be imposed and can include conditions such as the payment of child support and mandatory employment. A violation of those terms of probation can result in the imposition of additional prison time.

If you are owed child support and the parent who is supposed to pay lives in another state, consult with an attorney to discuss whether the Federal Deadbeat Parents Act can help you with child support enforcement and collect the support due to you.

About the Author

Jean Mahserjian is an attorney and the author of numerous websites and books devoted to helping consumers through the process of divorce. To download free excerpts from her divorce and custody books, visit: http://www.millenniumdivorce.com

Maryland Criminal Appeals

Maryland Appeals Process

In Maryland, if a person is convicted of a crime, they have the right to appeal the case to a higher court. Appeals are trial reviews that decide if the case was fair and correct. The review is based upon the actions of the lower courts both prior and during the trial. All appeals take place in an appellate court. While the appeals process is taking place, the appellate court does not allow the submission of new evidence. The court will hear both sides of the argument before reaching a final decision.

While many cases are appealed to a higher court, very seldom does the court rule against the trial judge. While sometimes a verdict is reversed, typically the appeal takes place to lower the sentencing of the convicted.

It has been my experience that appealing a criminal case takes a lot of preparation prior to the hearing, especially if you weren’t involved in the initial trial. As for any appeals attorney, I’m sure they would recommend hiring an attorney that is very familiar with the appeals process.

Contact a Maryland Appeals Attorney for more information.

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Criminal Appeals

Maryland Appeals Process

In Maryland, if a person is convicted of a crime, they have the right to appeal the case to a higher court. Appeals are trial reviews that decide if the case was fair and correct. The review is based upon the actions of the lower courts both prior and during the trial. All appeals take place in an appellate court. While the appeals process is taking place, the appellate court does not allow the submission of new evidence. The court will hear both sides of the argument before reaching a final decision.

While many cases are appealed to a higher court, very seldom does the court rule against the trial judge. While sometimes a verdict is reversed, typically the appeal takes place to lower the sentencing of the convicted.

It has been my experience that appealing a criminal case takes a lot of preparation prior to the hearing, especially if you weren’t involved in the initial trial. As for any appeals attorney, I’m sure they would recommend hiring an attorney that is very familiar with the appeals process.

Contact a Maryland Appeals Attorney for more information.

White Collar Crime

A white collar crime also known as a federal crime is a criminal offense that is made or deemed illegal by United States Federal law. In a federal case it is not the states attorney that prosecutes the defendant but rather the U.S. Attorney. All white collar cases are typically investigated by a federal agency like the FBI or DEA. When you are dealing with a criminal charge by the state, the defendant is typically dealing with a police officer or detective during questioning; in a federal case the defendant is contacted by a federal agent for questioning.

Examples of White Collar Crimes Include:

• Embezzlement
• Federal Drug Trafficking
• Organized Crime
• Bribery
• Counterfeiting
• Bankruptcy Fraud
• Securities Fraud
• Mail Fraud
• Telemarketing Fraud
• Extortion
• Credit Card Fraud
• Insurance Fraud
• Money Laundering
• Perjury
• Tax Evasion
• Computer Fraud
• Internet Fraud
• Insider Trading
• Antitrust Violations
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