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Money Laundering in San Diego, PC 186.10

Money Laundering in California can be charged as a misdemeanor or felony, depending on the circumstance of the case. Money Laundering is described as the act of transferring illegally obtained money through legitimate people or accounts so that its original source cannot be traced.

California Penal Code Section 186.10 defines Money Laundering as the following:

“Any person who conducts or attempts to conduct a transaction or more than one transaction within a seven-day period involving a monetary instrument or instruments of a total value exceeding five thousand dollars ($5,000), or a total value exceeding twenty-five thousand dollars ($25,000) within a 30-day period, through one or more financial institutions

(1) with the specific intent to promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on of any criminal activity, or

(2) knowing that the monetary instrument represents the proceeds of, or is derived directly or indirectly from the proceeds of, criminal activity, is guilty of the crime of money laundering.”

Money Laundering may be punished for up to one year in county jail (PC 186.10(a); 1 to 4 years depending on the amount involved, for example, over $50,000 (PC 186.10 (c)(1); and 2,3, or 5 years for any amount over $500,000 (PC 186.11 (a)(2).

There are numerous defenses that an experienced criminal defense attorney can use to defend against a charge of Money Laundering. For example, were Constitutional rights violated: was there any illegal search and seizure under the Fourth Amendment; were your Miranda rights violated or were your statements involuntarily made under the Fifth Amendment. Did you act with the required specific intent to promote illegal or criminal activity. Is there a dispute with respect to the amount that was deposited or the source of the money. Do the witnesses have credibility issues, which means they cannot be trusted. This is a small sample of potential defenses. Other defenses may be applicable to your case.

If you have been charged, arrested, or under investigation for Money Laundering, PC 186.10, contact Kern Law, APC today to schedule a consultation.