CALIFORNIA CRIMINAL LAWYERS

Los ANgeles Health & Safety Code 11370.9 Money Laundering

Understanding Money Laundering under Health & Safety Code 11370.9 in Los Angeles

Money laundering is a criminal offense that involves disguising the proceeds obtained from illegal activities by funneling them into a legitimate activity to give them a clean source of cash. Such activities are punishable under Penal Code Section 186.10, but Health and Safety Code 11370.9 specifically addresses money laundering in connection with controlled substances. A conviction under 11370.9 HS carries serious penalties that depend on the details of the crime.

Elements of 11370.9 HS

The prosecution needs to prove three things beyond a reasonable doubt to convict you under this statute.

First, it must be proven that you received, acquired, or involving yourself in a transaction that involved money or a benefit derived from a controlled substance offense. Second, it must be established that the intent behind the transaction was to disguise or conceal the ownership, control, or source of the money. Third, the total amount laundered within a 30-day period must be at least $25,000.

Penalties for Conviction

11370.9 HS is a “wobbler” crime that can result in either a misdemeanor or a felony conviction. The prosecutor’s decision will depend on the circumstances surrounding the crime and your prior criminal record. As a result, the range of penalties you could face, if convicted, varies widely.

A misdemeanor conviction can attract a jail term of up to one year, a fine of up to $1,000, or both. On the other hand, a felony sentence could result in 16 months, two years, or three years in jail, a fine of up to $25,000, or twice the laundered amount (whichever is more). These penalties apply even for a first-time offender.

Potential Defenses

Since it’s an intent crime, a viable defense against 11370.9 HS charges could be that you didn’t have the intention to conceal the money’s source or ownership. Additionally, the prosecution should prove the source and amount of the laundered money. If they can’t conclusively prove this, your legitimate income may be sufficient to overcome the charge.

Constitutional protections provided to all defendants may also come into play in money laundering charges. For example, if law enforcement officers violated your rights against unreasonable search and seizure before or after arresting you, the evidence they collected may be suppressible.

Additional Considerations

If you’re not prosecuted under 11370.9 HS, you could face criminal charges under 186.10 PC. This statute applies to any type of criminal activity and requires a lesser amount of laundered money, $5000 within a week. Additionally, federal laws provide for criminal sanctions for money laundering. Lastly, depending on the extent of your involvement in the underlying illegal activity, you could face charges for crimes associated with the offense.

It’s essential to hire an experienced criminal defense attorney if you’re facing money laundering charges in Los Angeles. With guidance from an attorney, you’ll get a better understanding of your legal options and how to mount a successful defense.

The Differences Between 11370.9 and 186.10

The California Criminal Code contains significant provisions regarding money laundering through Penal Code Section 186.10 and Section 11370.9 under the Health & Safety Code. Each statute lays out various elements that prosecutors must satisfy before securing a conviction. However, there are differences between the two with adverse implications for the accused if convicted.

Penal Code Section 186.10 outlines the general money laundering statute in California. It prohibits various operations aimed at laundering the profits earned from illegal criminal activity. While 11370.9 HS is drug-centric, prohibiting any money that comes from a controlled substance operation, 186.10 PC covers any revenue realized through criminal activity. The statute requires the element of the acts done for the unlawful purpose of laundering, killing the predicate act’s proceeds. The laundered money must also have a value of at least $5000 within seven days, which is substantially lower than the amount required under 11370.9 HS.

11470.9 HS is drug-centric, and the total value of laundered money must be greater than $25,000 within a 30-day period. Generally, every California money laundering charge should have three elements under the statute:

• Concealment of transaction and source – this requires intentional obscurement of the money’s intended ultimate use
• Transactions that involve laundered money – this implies that regular business transactions will not be considered for laundering charges
• The use of proceeds from certain predicate offenses such as drug crimes

The Sentencing Associated with Money Laundering in Los Angeles

Money laundering charges in Los Angeles carry significant legal consequences upon conviction. The specific circumstances of a case will determine the severity of the punishment that judges will use to sentence convicted individuals. Misdemeanor convictions can attract a maximum sentence of up to one year in county jail or a fine of not more than one thousand dollars, or both.

Felony convictions can attract a jail term of 16 months, two years, or three years, and fines of up to twenty-five thousand dollars, twice the amount of laundered money or a figure in between, at the discretion of the sentencing judge. The actual length of the sentence will depend on various factors, including the specific circumstances of the crime and the defendant’s criminal history.

Factors that affect the severity of sentencing for money laundering include, but are not limited to:

• The number of crimes committed, and whether the defendant committed any other crimes associated with or apart from money laundering.
• The impact of the money laundering act on victims of the underlying criminal activity.
• Quantity of laundered money involved.
• Whether the defendant has a prior criminal history.

It’s vital to hire an experienced Los Angeles criminal defense attorney if you’re facing money laundering charges. With guidance from a criminal defense attorney, you’ll gain insight into the potential loss of freedom and legal options that can influence the sentencing outcome.

Constitutional Protections and Search and Seizure Violations Against Money Laundering Charges

Police officers play an invaluable role in identifying and prosecuting money laundering activities. However, some of these investigations may violate constitutional protections against unreasonable search and seizures. Violating a person’s constitutional rights during an investigation may result in absolute exclusion of evidence collected.

If the evidence gathered during an unreasonable search or seizure was significant enough to warrant charges against an individual, defense attorneys may use violation of this right as a defense. In many cases, suppressing evidence collected through unlawful search and seizure makes it impossible for the prosecution to prove defendants laundered money from ill-gotten activities.

California has set specific expectations for investigations conducted by law enforcement officers in connection with money laundering activities. Some of the limitations that shield individuals from unreasonable searches and seizures by the police include:

• Officers must have a valid warrant before conducting a search or seizure. Multiple exceptions can allow law enforcement to search without a warrant.
• The warrant, when obtained, must be based on an individualized and neutral justification that gives specific information about the type and location of the evidence.
• Law enforcement officers must follow the warrant’s specific terms while conducting an investigation that may lead to a money laundering complaint.

Suppose the prosecution’s evidence collection process violated California state or federal constitutional protections against unreasonable search or seizure. In that case, you may be able to suppress evidence collected, effectively resulting in a dismissal of the money laundering charges.