Using a Duress Defense in California Federal Money Laundering Cases

Being accused of federal money laundering can be scary. The penalties are harsh, including up to 20 years in prison, huge fines, and forfeiture of assets. But if you only laundered money because of threats to your life, you may have a defense called duress.

Duress means you only committed the crime because there was an immediate threat to your life or someone else’s. Like if someone held a gun to your head and said “Launder this money or I’ll shoot.” That might get you off the hook.

What is duress?

Duress is when you break the law because someone threatened your life or someone else’s life. The threat has to be immediate. Like, “Do this or I’ll kill you right now.” Just being scared of future harm isn’t enough. There has to be a specific, immediate threat.

Duress can legally justify any crime except murder. You can’t kill someone else to save yourself. But for other crimes, like money laundering, duress may get you acquitted.

Requirements for a duress defense

To claim duress, you have to prove a few things:

• You were threatened with death or serious bodily harm to yourself or someone else
• You had a well-grounded fear the threat would be carried out
• There was no reasonable chance to escape the threat
• You didn’t recklessly put yourself in that position
• You didn’t commit a more serious crime than needed to escape the threat

That’s a high bar to reach. Just being scared or pressured isn’t enough. You have to show there was a specific, imminent threat to life or limb that left you no choice.

Using duress in money laundering cases

Duress can work as a defense to federal money laundering charges under 18 U.S.C. § 1956. But it rarely succeeds.

Why? Because money laundering is an ongoing crime. It’s hard to prove you had no other options besides doing it. Prosecutors argue you could have gone to the police or fled instead.

But duress may work if you can show:

• You were threatened right before the money laundering
• You had no chance to escape or seek help
• You stopped as soon as the threat went away

Like if a cartel held a gun to your head and forced you to launder money for them that day. And you went to the police right after. That might establish duress.

Challenges of a duress defense

Claiming duress in a federal case is tough. Prosecutors fight it hard. You have to prove:

• The threat was immediate, specific, and life-threatening
• You had no chance to escape or seek help
• You didn’t put yourself in that position
• Your actions aligned with the threat

The burden is on you to establish all that. And you have to convince the jury. They may be skeptical of duress claims in money laundering cases.

Other defenses in money laundering cases

Duress is just one potential defense. Others include:

• You didn’t know it was illegal money
• You didn’t try to conceal the money
• You were entrapped by police
• You were coerced or blackmailed
• The police violated your rights

An experienced lawyer can review the evidence and decide if any of these defenses fit your case. Duress is tough to prove, but could work if the threats were immediate and severe.

Getting an experienced lawyer

Fighting federal charges is hard. The government has lots of power and resources. Having a strong defense lawyer is crucial.

Look for an attorney with experience in federal cases and money laundering specifically. Understand all your options. A skilled lawyer may get charges dismissed or reduced, or win at trial.

Don’t go it alone against the feds. Get advice from a trusted lawyer before making any statements. This can affect your defense. Move quickly to start building your case.

Conclusion

Duress is a valid defense to federal money laundering charges – but hard to prove. It requires showing immediate, unavoidable threats to life that forced your actions. Other defenses may also apply. An experienced lawyer can evaluate your case and build the strongest defense.

Fighting the feds is daunting but possible. With an aggressive lawyer and compelling defense, you may beat the charges or win a better outcome. Don’t wait to get expert legal help.