Money Laundering Defense in Miami

Sometimes the first sign is a frozen bank account, cash taken at the airport, or a bank closing your accounts with no explanation. Sometimes it is a target letter or a knock on the door.

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state court and in federal court in the Southern District of Florida. Our office answers 24 hours a day.

This page is part of our Economic Crimes Defense practice.

What Money Laundering Means Under Florida Law

Under the Florida Money Laundering Act, it is a crime, knowing that the property in a financial transaction is the proceeds of some form of unlawful activity, to conduct or try to conduct a transaction that in fact involves the proceeds of certain listed crimes:

• with intent to promote more of that unlawful activity; or
• knowing the transaction is designed to conceal or disguise the nature, location, source, ownership, or control of the proceeds; or
• knowing it is designed to avoid a state reporting requirement or money transmitter registration requirement.

The law also covers transporting money or monetary instruments for those purposes, and conducting transactions with property that an undercover officer represents as criminal proceeds.

Florida penalties. The degree depends on the total of financial transactions in any 12-month period:

• More than $300 but less than $20,000: third-degree felony (up to 5 years in prison).
• $20,000 to less than $100,000: second-degree felony (up to 15 years).
• $100,000 or more: first-degree felony (up to 30 years).

On top of that, the court may impose a fine of up to $250,000 or twice the value of the transactions, whichever is greater (up to $500,000 or five times the value for a second or later violation). A person who violates the law is also liable for a civil penalty of up to the value of the transactions or $25,000, whichever is greater.

Sting operations. Florida's law says it is not a defense that police used a stratagem, deception, or an undercover officer, or simply provided the opportunity. But the law also says it does not prevent the defense of entrapment.

Structuring Cash Deposits

Structuring means breaking up cash transactions to evade currency reporting requirements. Florida law describes it as including breaking a single sum of cash over $10,000 into smaller sums, at or below $10,000, or doing a series of cash transactions at or below $10,000, for the purpose of evading reporting requirements.

• Florida: structuring uses the same tiers as money laundering: third-degree felony for transactions over $300 and under $20,000 in 12 months, second-degree from $20,000, and first-degree at $100,000 or more, plus the same fines and civil penalty.
• Federal: structuring to evade federal reporting requirements carries up to 5 years. It carries up to 10 years if done while violating another federal law, or as part of a pattern of illegal activity involving more than $100,000 in a 12-month period.

The key element in both is purpose: doing it to evade the reporting requirement. Many people deposit cash in smaller amounts for ordinary business reasons. Why you did it, and what the government can prove about why, is often the heart of the defense.

Federal Money Laundering

Laundering the proceeds of a crime. Federal law makes it a crime, knowing that property is the proceeds of some form of unlawful activity, to conduct a financial transaction that in fact involves the proceeds of a listed crime, with intent to promote it, or knowing the transaction is designed to conceal the nature, location, source, ownership, or control of the proceeds, or to avoid a reporting requirement. The penalty is up to 20 years in prison and a fine of up to $500,000 or twice the value of the property involved, whichever is greater.

Spending over $10,000. A separate federal law makes it a crime to knowingly engage in a monetary transaction of more than $10,000 in criminally derived property that came from a listed crime. The penalty is up to 10 years. The government does not have to prove the person knew the underlying offense was one of the listed crimes.

Conspiracy. A person who conspires to commit either federal laundering offense faces the same penalties as the offense itself.

Stings. Federal law also reaches transactions involving property that a law enforcement officer, or someone acting at the government's direction, represents to be criminal proceeds.

Which crimes count? The federal list of "specified unlawful activity" is long. It includes, among many others, offenses involving a "Federal health care offense." That is why laundering counts show up in Medicare and health care fraud cases.

Frozen Accounts and Seized Money

Florida's money laundering law lets prosecutors and law enforcement agencies go to circuit court for a temporary injunction to stop anyone from withdrawing, transferring, or disposing of funds alleged to be tied to a violation. That injunction can be entered without notice and without bond, but it is short-lived unless extended, the owner can ask for a quick hearing to contest it, and the court may let the account holder post a bond equal to the amount and have the injunction dissolved.

Deadlines to challenge seizures and freezes can be short. If your account was frozen or your cash was seized, call a lawyer right away. Frozen money also affects bond, because prosecutors may challenge where bond money comes from. See Bond & Nebbia Hearings.

Target Letters, Agent Visits, and Search Warrants

1. Be polite. Do not resist or block agents. If there is a warrant, ask for a copy.
2. Do not answer questions about money, deposits, or business records. Ask for a lawyer.
3. Do not move, withdraw, or hide money in response to an investigation. That can create new charges.
4. Do not delete or alter records, texts, emails, or bank documents.
5. Do not talk to others involved about the investigation.
6. Call us. (305) 209-0384.

Early counsel. A lawyer can find out whether you are a witness, subject, or target; gather records that show where the money really came from; and respond to target letters and subpoenas. If charges are coming, we can often arrange a self-surrender with bond planned ahead.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

You can read about some of our past cases on our Results page.

Frequently Asked Questions

Is it illegal to deposit cash in amounts under $10,000?

Not by itself. It becomes structuring when it is done for the purpose of evading currency reporting requirements. Purpose is what the government has to prove.

I didn't know the money came from a crime. Can I be convicted of laundering?

Knowledge is usually the key issue. The main Florida and federal laundering laws require knowing that the property was the proceeds of some form of unlawful activity. But Florida law says that, for transactions involving more than $10,000 in U.S. currency, "knowing" can also mean you should have known after reasonable inquiry, unless you had a duty to file a currency report and filed it. Sting cases turn on what an officer represented to you. (For the federal over-$10,000 law, the government does not have to prove you knew which specific crime it was.)

Police set up the deal. Isn't that entrapment?

Florida's law says undercover tactics alone are not a defense, but it keeps the defense of entrapment available. Whether entrapment applies depends on the facts.

My account was frozen. What can I do?

Act quickly. Under Florida law, the owner can ask for a prompt hearing to contest the freeze, and the court may let the account holder dissolve it by posting a bond equal to the amount. Federal seizures have their own deadlines. Call us.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.