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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.
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.
You can fight money laundering charges in two ways. Firstly, the prosecution must prove beyond reasonable doubt:
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.
You can defend money laundering or proceeds of crime charges in the following ways:
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.
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.
Below are possible sentencing options for money laundering charges that you can receive:
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.
What are some examples of money laundering?
Examples of money laundering include: