Money Laundering

Best Money Laundering Lawyers

Our specialist money laundering lawyers have successfully fought countless ‘dealing with proceeds of crime’ charges. We are adept at breaking down prosecution cases and having our clients found ‘not guilty’ and having their money returned to them. This is significant as the amount of money is often in the millions. See our recent results for money laundering.

Contact us now to speak to our accredited specialist in criminal law. We can provide immediate advice on your options and any defences open to you.

If you have been subject to a freezing order, we can immediately begin working on having this order removed.

WHAT SHOULD I DO?

• PLEADING NOT GUILTY

  What is Money Laundering?

  Section 193B of the Crimes Act 1900 (NSW) sets out the definition of money laundering as dealing with money or property that is proceeds of crime.

   

  How Do You Beat a Money Laundering Charge?

  You can fight money laundering charges in two ways. Firstly, the prosecution must prove beyond reasonable doubt:

  1. You dealt with (ie. received, possessed, concealed or disposed of) money or property; and
  2. (Depending on the level of knowledge alleged) You knew; or were reckless; or were negligent as to that money or property being proceeds of crime; and
  3. (Only if charged with intending to conceal) intended to conceal that it was proceeds of crime.

   

  If any of these elements are not made out, then you can be found ‘not guilty’.

  Secondly, you can rely on one of the defences.

   

  What are the Defences to Money Laundering?

  You can defend money laundering or proceeds of crime charges in the following ways:

  1. Knowledge: The prosecution cannot prove that you had the requisite level of knowledge;
  2. The prosecution cannot prove you dealt with the property
  3. The money or property was not ‘proceeds of crime’
  4. Duress: You were forced to commit the offence
  5. Necessity: Your actions were necessary in the circumstances

   

  We have dealt with hundreds of money laundering and proceeds of crime cases and have been recognised as Australia’s best criminal lawyers for money laundering charges. We are well-equipped to prepare the best defence possible for you and have an unmatched track record of having Police withdraw charges early in proceedings to give you peace of mind.

  Contact us now to speak to one of our specialist money laundering solicitors.

• PLEADING GUILTY

  If you decide to plead guilty, our guide on pleading guilty to Fraud offences will provide you some assistance in preparing for sentencing. Please note that this guide is a non-exhaustive list and not specifically tailored to your case.

  Contact us now so that our criminal lawyers for money laundering charges can provide you advice tailored to your case and represent you in Court.

   

  What is the Penalty for Money Laundering?

  Below are maximum penalties for various ‘proceeds of crime’ offences.

  NSW/Cth	Proceeds of crime?	$ amount	Maximum Penalty
  NSW	Actual knowledge and intention to conceal	Any	20 years imprisonment
  NSW	Actual knowledge	Any	15 years imprisonment
  NSW	Recklessness	Any	10 years imprisonment
  Cth	Actual knowledge	Over $1 million	25 years and/or 1,500 penalty units
  Cth	Recklessness	Over $1 million	12 years and/or 720 penalty units
  Cth	Negligence	Over $1 million	5 years and/or 300 penalty units
  Cth	Actual knowledge	Over $1 million	20 years and/or 1,200 penalty units
  Cth	Recklessness	Over $100,000 Over	10 years and/or 600 penalty units
  Cth	Negligence	Over $100,000	4 years and/or 240 penalty units
  Cth	Actual knowledge	Over $50,000	15 years and/or 900 penalty units
  Cth	Recklessness	Over $50,000	7 years and/or 420 penalty units
  Cth	Negligence	Over $50,000	3 years and/or 180 penalty units
  Cth	Actual knowledge	Over $10,000	10 years and/or 600 penalty units
  Cth	Recklessness	Over $10,000	5 years and/or 300 penalty units
  Cth	Negligence	Over $10,000	2 years and/or 120 penalty units
  Cth	Actual knowledge	Over $1,000	5 years and/or 300 penalty units
  Cth	Recklessness	Over $1,000	2 years and/or 120 penalty units
  Cth	Negligence	Over $1,000	12 months and/or 60 penalty units
  Cth	Actual knowledge	Less than $1,000	12 months and/or 60 penalty units
  Cth	Recklessness	Less than $1,000	6 months and/or 30 penalty units
  Cth	Negligence	Less than $1,000	10 penalty units

   

  For the larger sums of money, Police will usually apply for ‘freezing orders’. This may result in your bank accounts and assets being frozen. You will not be able to withdraw money from those accounts or sell those assets while the freezing orders are in place.

   

  If you have been subject to a freezing order, contact us now to speak to one of our specialist proceeds of crime lawyers. We have overturned dozens of freezing orders to allow our clients’ access to their bank accounts.

   

  What are the Sentencing Options for Money Laundering?

  Below are possible sentencing options for money laundering charges that you can receive:

  1. Section 10 dismissal
  2. Conditional Release Order without Conviction (previously known as Section 10 good behaviour bond)
  3. Fine
  4. Conditional Release Order with Conviction (previously known as Section 9 good behaviour bond)
  5. Community Corrections Order (previously known as Community Service Order)
  6. Intensive Corrections Order
  7. Full Time Imprisonment

  Will You Go to Jail for Money Laundering?

  When analysing sentencing statistics for money laundering charges, we can see that since 2018, 29% of persons found guilty of this offence received a jail sentence of some kind when their case was heard in the Local Court. 15% of offenders were sentenced to full-time prison. Only 5% received no conviction for Money laundering. All other offenders received convictions on their criminal record.

  In the District Court, 100% of offenders were sentenced to some form of imprisonment. 73% of offenders were sentenced to full-time jail.

  Clearly jail is very likely if you are found guilty of this offence. As such, you should consult Australia’s best money laundering lawyers for superior representation in Court.

FAQ

What are some examples of money laundering?

Examples of money laundering include:

• making multiple transfers of funds overseas in amounts less than $10,000 using false identities;
• creating a tax avoidance scheme involving the creation of sham companies and the making of cash payments to workers
• swapping shares in one company for shares in another company without a change in legal ownership with the intention of avoiding capital gains tax liability
• claiming and receiving tax refunds based on inflated tax payments and deductions