Responding to a Money Laundering Civil Investigative Demand (CID)
Responding to a Money Laundering Civil Investigative Demand (CID)
So your probably sitting there with this Civil Investigative Demand about money laundering and your entire life is falling apart. Maybe your bank transactions got flagged. Maybe someone claimed you structured deposits. Or maybe your business dealings triggered there algorithms. Look, we get it. Your ABSOLUTELY TERRIFIED. And you should be! Because money laundering under 18 USC § 1956 carries 20 YEARS in federal prison and fines up to $500,000 or DOUBLE the transaction amount!
What Is Money Laundering and Why Am I Being Investigated?
Let me explain the nightmare your facing. The Money Laundering Control Act criminalizes virtually ANY financial transaction involving proceeds from illegal activity – even if you didn’t know it was illegal!
Here’s what’s really scary – “specified unlawful activity” includes over 200 different crimes! Got paid by someone who committed tax fraud? Money laundering! Deposited a check from someone who violated environmental laws? Money laundering! Received wire transfers from a business that bribed someone? MONEY LAUNDERING! You don’t need to know about the underlying crime to be guilty!
The government interprets money laundering so broadly that normal business transactions become federal felonies. Moving money between your own accounts? Could be concealment laundering. Paying business expenses? Promotional laundering. Breaking up deposits? Structuring! We’ve seen legitimate businesspeople imprisoned for completely innocent financial transactions!
How Devastating Are Money Laundering Penalties?
Sit down and hold onto something because these numbers will destroy everything you’ve worked for. Money laundering penalties are absolutely crushing:
Section 1956: Up to 20 years in prison PER TRANSACTION plus fines up to $500,000 or twice the value involved – whichever is GREATER! Had $1 million pass through your accounts? That’s a $2 million fine! Section 1957: 10 years prison for transactions over $10,000. And every deposit, every wire, every check is a SEPARATE count!
Let me paint you a nightmare: You received 50 wire transfers of $20,000 each from a client who, unknown to you, committed fraud. That’s 50 counts of money laundering = 1,000 YEARS potential prison time + $100 MILLION in potential fines! Obviously nobody gets that, but prosecutors use it to force guilty pleas!
What’s the Difference Between 1956 and 1957?
Understanding this distinction is critical because they carry different penalties and requirements! Section 1956 requires intent to promote or conceal while Section 1957 is simpler but still devastating.
Section 1956 covers four types: Promotional (using proceeds to further crimes), Concealment (hiding the source), Structuring (avoiding reporting requirements), Tax evasion (evading taxes on criminal proceeds). Each type requires specific intent but prosecutors are experts at inferring intent from circumstances!
Section 1957 is the “spending statute” – it criminalizes ANY transaction over $10,000 involving criminal proceeds, even buying groceries! No intent required! Just spending or depositing tainted money is enough. We’ve seen wives imprisoned for depositing there husband’s paychecks because his employer committed fraud!
What Triggers Money Laundering Investigations?
Your probably wondering “How did they find me?” Let me tell you what puts people in DOJ’s crosshairs:
Suspicious Activity Reports (SARs) from banks trigger most investigations. Banks file millions of SARs for: cash transactions over $10,000, structured deposits under $10,000, unusual wire patterns, and anything they find “suspicious”! Currency Transaction Reports (CTRs) also flag large cash dealings automaticaly.
But here’s what’s really unfair – banks use AI algorithms that flag normal behavior as suspicious! Multiple deposits from different clients? Suspicious! International wires for business? Suspicious! Moving money between your own accounts? SUSPICIOUS! We’ve seen investigations triggered by people paying off credit cards with bonuses!
What About Structuring and Cash Transactions?
This is where innocent people get destroyed! “Structuring” means breaking up transactions to avoid reporting requirements – and its a separate crime even if the money is 100% legitimate!
Depositing $9,000 three times instead of $27,000 once? That’s structuring! Withdrawing cash in multiple smaller amounts? Structuring! Even if its YOUR money from LEGAL sources, structuring alone carries 5 years in prison! We had a restaurant owner imprisoned for depositing his LEGITIMATE cash receipts in amounts under $10,000 because he didn’t want to wait in long bank lines!
The insane part? You can be guilty of structuring without knowing about reporting requirements! “Willful blindness” means you should have known. Everyone “should know” banks report large transactions, so everyone can be guilty of structuring!
Can They Really Prove I Knew About Illegal Proceeds?
Here’s the terrifying truth – willful blindness equals actual knowledge in money laundering cases!
You don’t need to know specificaly what crime generated the money. “Deliberate ignorance” is enough! Didn’t ask where money came from? Willful blindness! Didn’t investigate unusual payments? Willful blindness! Accepted cash from someone sketchy? WILLFUL BLINDNESS!
Prosecutors use circumstantial evidence to “prove” you must have known: unusual payment methods suggest knowledge, high profit margins indicate suspicion, dealing with high-risk countries shows awareness, and any attempt to maintain privacy becomes evidence of guilt! We’ve seen convictions based solely on the defendant “should have been suspicious”!
What About International Transactions?
International money transfers are especialy dangerous! Cross-border transactions trigger enhanced scrutiny and additional charges!
Any international wire can be money laundering if prosecutors claim you were moving money to hide it. Using foreign banks? Evidence of concealment! Receiving payments from overseas clients? Potential laundering! Even legitimate international business becomes criminal if any party involved committed any crime anywhere!
FBAR violations add more charges – failing to report foreign accounts carries separate penalties. FATCA non-compliance becomes evidence of laundering intent. Treaty information sharing means foreign governments provide evidence against you. One client faced money laundering charges because his legitimate German client had tax issues in Germany that he knew nothing about!
Can This CID Lead to Asset Forfeiture?
YES! And it happens IMMEDIATELY! Civil asset forfeiture in money laundering cases is devastating!
The government can seize everything “traceable” to alleged laundering – bank accounts, real estate, vehicles, businesses, even your home! They don’t need a conviction – just “probable cause” that property is connected to laundering. You have to prove your innocence to get your property back!
We’ve seen families made homeless because there house was bought with “commingled funds” – even 1% tainted money can justify seizing 100% of assets! Bank accounts frozen without warning. Businesses shut down overnight. Life savings disappear. And legal fees to fight forfeiture? Expect $200,000 minimum just to TRY getting your property back!
How Long Do Money Laundering Investigations Last?
Buckle up for YEARS of financial paralysis! Money laundering investigations are complex and lengthy:
Initial CID and account freezes (immediate), forensic accounting and tracing (6-12 months), additional subpoenas to banks and businesses (6-12 months), witness interviews and grand jury (6-12 months), indictment and more asset seizures (sudden), trial or plea negotiations (12-24 months). Your looking at 3-5 years of absolute hell!
During this time, your financially destroyed. Every bank account frozen or closed. Credit cards cancelled. Can’t get loans. Can’t sell property (its seized). Can’t run your business. Can’t even cash a paycheck! Legal fees? $500,000 to $2 million for serious money laundering defense. We’ve seen wealthy people become homeless during investigations!
Should I Cooperate With DOJ?
This is the impossible choice – cooperate and provide evidence against yourself, or don’t cooperate and look guilty! The statute is so broad that explaining legitimate transactions often provides evidence of technical violations!
Explaining your business? You reveal financial patterns prosecutors twist into “concealment.” Providing bank records? Every transaction becomes potential evidence. Identifying payment sources? You might implicate innocent people who then get destroyed too!
But not cooperating guarantees aggressive prosecution! They assume your hiding massive schemes. They expand investigations to family and associates. They seize more assets. They add obstruction charges. We’ve seen people try to assert legitimate defenses only to face additional charges for “hampering investigation”!
Why Money Laundering Defense Requires Specialists
Look, we’re not your typical white-collar lawyers who don’t understand financial crimes. We specialize in money laundering defense because these cases require deep knowledge of both financial systems and criminal law.
We understand how prosecutors trace funds and can challenge there assumptions. We know how to demonstrate legitimate business purposes for complex transactions. We can show that suspicious patterns are actually normal in certain industries. Most importantly, we know how to prevent asset forfeiture from destroying you before trial!
Other firms tell you to explain everything and hope prosecutors understand. That’s EXACTLY how innocent business people end up in federal prison! We fight strategically, forcing the government to prove actual knowledge and criminal intent, not just suspicious-looking transactions!
Call us RIGHT NOW at 212-300-5196
Money laundering investigations destroy lives overnight!
Former federal prosecutors – Asset forfeiture defense – Available 24/7!
Don’t wait another second! Money laundering investigations move at lightning speed. Your accounts could be frozen tomorrow morning. Your business could be raided. Your home could be seized. Every hour you delay is another hour prosecutors build there case!
Remember – money laundering charges are the government’s favorite add-on because there so easy to prove and carry decades in prison. One suspicious transaction can destroy your entire life. You need someone who understands both complex financial transactions AND federal criminal defense. Call us NOW before your bank accounts become evidence!
NJ CRIMINAL DEFENSE ATTORNEYS