Penal Code 186.10 PC | Money Laundering

Penal Code 186.10 PC – Money Laundering in California

Money laundering – we’ve all heard of it in movies and TV shows. But what exactly is money laundering, and how does California law define and punish this crime? Let’s break it down in simple terms.

Money laundering basically means taking money from an illegal source – like drug dealing, theft, fraud, etc. – and disguising it or making it look legitimate. The goal is to hide the fact that the money came from criminal activity so it can be used without getting caught.

California deals with money laundering under Penal Code 186.10 PC. This law makes it a crime to conduct financial transactions through banks or businesses to disguise criminal proceeds or promote/support criminal activity. Let’s look at the specific elements of this crime:

• You conducted or tried to conduct one or more financial transactions through a bank or business
• The total amount was more than $5,000 within 7 days or more than $25,000 within 30 days
• You intended to promote/support criminal activity or you knew the money came from criminal activity

Some examples of money laundering would be:

• Depositing cash from drug sales into a bank account
• Buying real estate with money stolen from your employer
• Transferring fraudulently obtained funds between shell companies to hide the source

One thing to note is that the transactions have to go through a financial institution or business – simply hiding cash under your mattress wouldn’t count. The money has to enter the legitimate financial system in some way.

Penalties for Money Laundering

Money laundering is a “wobbler” offense in California, meaning it can be charged as either a misdemeanor or felony. Here’s how the penalties break down:

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• Misdemeanor: Up to 1 year in county jail, up to $1,000 fine
• Felony: Up to 3 years in county jail, up to $250,000 fine or double the amount laundered, whichever is greater

If you have prior convictions, the potential felony fine increases to $500,000 or 5 times the amount laundered. The jail sentence can also be enhanced by 1-4 years depending on the amount laundered, with longer enhancements for larger sums of money.

Legal Defenses

There are a few legal defenses that could potentially beat money laundering charges:

• Lack of intent – If you didn’t know the money came from illegal activity or you didn’t intend to conceal/disguise it, you aren’t guilty of money laundering.
• Amount too low – If the total amount laundered was less than $5,000, the charges should be dismissed.
• Unlawful search – If evidence was obtained through an illegal search, it may be excluded and lead to dropped charges.

Related Crimes

There are other similar crimes related to money laundering in California:

• HS 11370.9 – Money laundering related to drug crimes
• PC 186.11 – Asset forfeiture related to money laundering
• 18 USC 1956 – Federal money laundering laws

The penalties for these offenses may be different but they all aim to punish laundering the proceeds of illegal activity.

Getting Legal Help

Facing money laundering charges in California? Don’t go it alone. Consult with an experienced criminal defense lawyer who can evaluate your case and build the strongest defense. A good attorney can often negotiate reduced charges or even get charges dismissed. Don’t leave your fate to chance – protect your rights and future by scheduling a free case evaluation today.