The Collision of Drugs and Dollars: Drugs and Money Laundering
Earlier in the month, nearly two dozen people were charged in a major drug and money laundering arrest involving methamphetamine, heroin, and cocaine trafficking, money laundering, and weapons violations. The operation included the Houston/Galveston and Rio Grande Valley areas, stemming from long-term investigations.
More than 170 kilos of cocaine and heroin, more than 2,000 kilos of methamphetamine, over 100 firearms, and almost $3 million in cash were seized during the operation. In Texas, drug crimes and money laundering often go hand in hand. When law enforcement uncovers a drug operation, the trail of cash is followed to build a stronger case. Both money laundering and drug trafficking, while often charged as federal crimes, can also be charged under Texas state statutes.
Adding money laundering charges to drug charges can dramatically increase the penalties faced by defendants. Money laundering allegations are meant to show that drug profits were disguised, moved, or hidden through "legitimate" channels. If you are facing similar charges, the stakes are high. Speaking to an experienced Pleasanton, TX criminal defense attorney is the best step you can take to protect your rights and your future.
What Constitutes Money Laundering in Texas?
When money is received from illegal activities and then sent through a "legitimate business with the intention of furthering a criminal activity, money laundering has occurred. The prosecutor must show that the defendant conducted financial transactions (depositing, withdrawing, or transferring funds) in an attempt to "launder" the proceeds of illegal activity, often drug trafficking.
Drug traffickers may purchase a check-cashing business or another type of business that could conceivably be involved in significant cash transactions, and then drug proceeds are laundered through the business. This is an instance where the "follow the money" technique is definitely used to try and prove illegal activity.
What Are the Legal Consequences of Drug Trafficking and Money Laundering?
A conviction for laundering between $1,500 and $20,000 is a state jail felony, punishable by a term of imprisonment ranging from 180 days to two years. For amounts between $20,000 and $100,000, the charges are a third-degree felony, with penalties ranging from two to 10 years in prison.
Money laundering amounts between $100,000 and $200,000 is a second-degree felony with penalties ranging from two to 20 years in prison, and amounts in excess of $200,000 are a first-degree felony with penalties ranging from five to 99 years in prison.
The penalties for drug trafficking will depend on the amounts and types of drugs recovered. For example, trafficking less than one gram of a Penalty Group 1 substance can result in six months to two years in jail. Trafficking four to 400 grams of a Penalty Group 2 substance can result in between five and 99 years in prison.
Are There Valid Defenses to Money Laundering?
The state may use surveillance, wiretaps, and financial records to trace "dirty money." Some of the defenses used in money laundering cases include:
- Proving a lack of knowledge or intent
- Challenging the link between drug offenses and the money trail
- Questioning the legality of the search and seizure
- Police misconduct
- Violations of a defendant’s constitutional rights
- Insufficient evidence by the prosecution to establish guilt beyond a reasonable doubt
Financial experts and forensic accountants play a pivotal role in money laundering cases as they must simplify complex money transactions for jurors. The defense may bring in its own forensic accountants to disprove the charges.
Contact an Atascosa County, TX Criminal Defense Lawyer
If you are facing serious drug and money laundering charges in Texas, it is important that you have an attorney who can protect your rights while minimizing the long-term consequences of your charges. Having a Jourdanton, TX criminal defense attorney from BRCK Criminal Defense Attorneys means you are well-represented by a firm with more than 40 years of combined criminal law experience. Every partner in our firm is either a former criminal prosecutor or a judge, providing you with beneficial insights into the "other" side. Call 830-769-1010 to schedule your free consultation. Attorneys speak Spanish.