Money Laundering Defense in Melbourne

Florida Charges Under Chapter 896

The Florida Money Laundering Act covers certain financial transactions involving proceeds of unlawful activity. Depending on the charged provision, prosecutors may allege that a person knew the property represented unlawful proceeds and intended to promote unlawful activity, conceal the nature or control of the proceeds, or avoid a transaction-reporting requirement.

Transaction value can affect felony classification. Covered transactions exceeding $300 but totaling less than $20,000 during a 12-month period are generally classified as a third-degree felony. Totals of at least $20,000 but less than $100,000 are generally classified as a second-degree felony. Transactions totaling $100,000 or more receive additional felony treatment.

Florida law can also permit value-based fines, and each qualifying transaction may be charged as a separate offense. The potential classification and penalties depend on the statutory provision, transaction amount, prior violations, and alleged facts.

Federal Charges Under 18 U.S.C. §§ 1956 & 1957

Section 1956 can apply to domestic financial transactions, international transfers, and undercover law enforcement operations. A domestic prosecution generally requires proof of a qualifying transaction, knowledge that the property represented proceeds of unlawful activity, and a specified intent. That intent may include promoting unlawful activity, concealing proceeds, or avoiding reporting requirements.

The phrase specified unlawful activity refers to federal and state offenses that Congress has identified as potential sources of laundered proceeds. Section 1957 separately addresses certain monetary transactions involving more than $10,000 in criminally derived property from specified unlawful activity.

Federal indictments may combine laundering counts with conspiracy, fraud, racketeering, forfeiture, or other charges. The potential consequences depend on the charged statute, alleged conduct, financial amounts, criminal history, and federal sentencing rules.

Evidence That Can Shape the Case

Financial records don’t establish criminal intent by themselves. The prosecution must connect the accused person to the accounts, property, transfers, or business activity and prove the knowledge and intent required by the charged law.

Important areas of review may include:

• Transaction records: Whether account statements, ledgers, wire records, and purchase documents accurately reflect the alleged activity.
• Knowledge and intent: Whether communications, conduct, and surrounding circumstances support the mental state required by the statute.
• Source of funds: Whether the government can prove that the property came from a qualifying unlawful activity.
• Searches and seizures: Whether warrants, subpoenas, interviews, and property seizures complied with constitutional and procedural requirements.
• Electronic evidence: Whether messages, files, and account data can be authenticated and connected to the accused person.

State & Federal Jurisdiction

A financial crime case may proceed in Florida state court or federal court based on the charging statute, investigative agency, alleged transactions, and jurisdictional facts. Brevard County is within the United States District Court for the Middle District of Florida, although venue and the allegations determine where a federal proceeding takes place.

Federal criminal defense can involve grand jury proceedings, federal discovery rules, asset forfeiture, and sentencing procedures that differ from Florida practice. We draw on experience in both systems to evaluate the government’s theory and the procedural issues presented by the case.

Talk With Our Melbourne Criminal Defense Team

If investigators have requested an interview or records, don’t assume the contact is informal. Contacting our firm before responding allows us to assess the allegations, identify whether state or federal law applies, and explain the immediate legal issues.

We represent clients facing serious financial crime allegations throughout Melbourne and the Space Coast. Each file receives review from all three partners, combining multiple perspectives with extensive state and federal courtroom experience.

Call (321) 360-4446 to discuss your case with Funk, Szachacz & Diamond.