Money Laundering Defined by the Texas Penal Code
Under Texas Penal Code § 34.02, “Money Laundering” is defined as knowingly having an interest in concealing, transferring, transporting, or facilitating a transaction involving the proceeds of criminal activity. The offense could also involve investing proceeds, receiving them, spending them, or financing them.
A money laundering charge is a tool commonly used by the government to arrest individuals and organizations they suspect are involved in larger criminal activity, including the illegal drug trade. Money laundering can also be added to other primary fraud charges such as mail fraud, wire fraud, or other white-collar crimes. Money laundering can be considered both a Texas state or federal crime, so you need an attorney who understands both courts.
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Paul Doyle
Can Defend You
In Both Federal and Texas State Court
Paul Doyle is a money laundering attorney who will dig in and fight the government to prove every dollar and element of your case beyond a reasonable doubt. If you are charged with money laundering in either Federal or State court, contact Paul Doyle's law firm in Houston, TX, so he can protect your rights, your liberty, and your money. Call our Houston, TX, defense attorney office today:
(713) 228-9200
Get The Help You Need
Our law firm is very intentional about the cases we take on, purposefully limiting our caseload so that we can provide the highly detailed, personalized legal representation each criminally charged client deserves. As our client, you will receive a direct line of responsive and honest communication so that we can answer all questions and concerns you may have promptly.
Many cases can be completed without going to court. Some can not. Our attorneys are trial-ready, fearlessly taking any case the distance to get the results our clients need to find freedom and reclaim their lives. Reach out now for our help.
(713) 228-9200
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What Is a Substitute Asset?
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A substitute asset refers to property that may be forfeited if the directly forfeitable property cannot be located. For example, let’s say the government believes you earned $10,000 from the funds you laundered, but there was only $5,000 in your account at the time of seizure. In this case, the government could also seize your vehicle (even if you can prove that it was not tied to the unlawful activity) in order to make up the $5,000 difference.
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Is Money Laundering
A Criminal or Civil Case?
Money laundering cases are often considered both criminal and civil. The reason for this is when the government makes an arrest for money laundering, they seize every dollar they believe is involved in the unlawful activity; this creates a civil asset forfeiture case. Criminal activity means involvement in any offense classified as a felony. For example, if a person generates money from distributing drugs and that person or his or her spouse then invests the illegal money, it could be considered money laundering.
How Paul Will Defend You
Prove Lack of Awareness
In order to prove that you are guilty of money laundering, the prosecutor must prove that you were aware of the criminal nature of the activity from which the proceeds were obtained. If the government cannot prove that you had some knowledge of the fact that the money was coming from some type of illegal activity, you cannot be convicted. As your attorney, Paul will fight to prove your lack of awareness in the criminal case.
Challenge the Amount Claimed
Many times, the government makes loose claims about the amount made in the unlawful activity. As your lawyer, Paul Doyle will never just take the government’s word on the amount claimed. Instead, your attorney can challenge the government to prove every single dollar it claims was generated from the unlawful activity.
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There Are Potential Defenses Even If You Did Commit Money Laundering
You Were Under Duress
If you did commit a money laundering offense but were under duress, we may be able to use this as an effective defense. In simple terms, this means that somebody threatened you with serious physical harm or death if you did not carry out the crime. We must also be able to demonstrate beyond a reasonable doubt that there was no way for you to avoid the situation and that any normal person in the same circumstances would have acted the same way you did.
The Evidence Is Inadmissible
The prosecution cannot utilize any evidence whatsoever that was obtained through illegal violations of your rights, such as accounting records obtained without a warrant. As a former prosecutor, Mr. Doyle can assess whether or not the evidence proffered against you can be used in court. He has also had multiple cases in which he successfully defended his clients by illustrating that the law enforcement officers involved in the case tampered with evidence, rendering it inadmissible.