Money Laundering: What Is The Maximum Penalty For Money Laundering | Amin Law

Описание: Health & Safety Code 11370.9 - Laundering of Drug Money

DA must prove the following:
1. the accused received, acquired, or engaged in a transaction involving money or property that he/she knew was derived from a controlled substances offense (e.g., selling a controlled substance),
2. the defendant did so because he/she intended to conceal or disguise the source, ownership, or control of the money, and
3. the total amount of laundered money was more than $25,000 in a thirty-day period

Defenses – HS 11370.9

1. Lack of knowledge: A person is only guilty if s/he knew that the money involved came from a drug offense. This means it is always a defense for an accused to show that s/he did not have knowledge.
2. No intent: Accused must act with an intent to hide or conceal money.
3. Amount of money involved is under $25,000: Recall that a prosecutor must show that the amount of money in a given case is over $25,000 to secure a guilty conviction under HS 11370.9

Penalties – HS 11370.9

Laundering of drug money is a wobbler defense. This means a prosecutor can charge the crime as either a misdemeanor or a felony.

A misdemeanor conviction is punishable by:

imprisonment in county jail for up to one year, and/or a maximum fine of $1,000.

A felony conviction is punishable by:

Custody in state prison for up to 4 years, and/or a fine of up to $250,000 or twice the amount laundered (whichever is greater)

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