In the defense of money laundering cases or also known as money laundering, lawyers specialized in economic criminal law usually adopt different strategies depending on the specific circumstances of the case. However, there are three (3) defense options that are particularly frequent because of their effectiveness
in certain contexts. These strategies seek to dismantle the pillars of the accusation, question the legality of the evidence or demonstrate the lack of intent in the conduct imputed to the accused.
1. Demonstration of the Legality of the Origin of the Funds:
One of the most common and effective defenses in money laundering cases consists of demonstrating that the origin of the funds or assets that are the object of the crime come from legal sources. This can be achieved through the presentation of documentation and evidence that proves the lawful origin of the funds, such as contracts, invoices, tax declarations, etc., as well as the presentation of the documents that prove the origin of the funds.
taxes, and accounting records. If it can be proven in court that the assets are not derived from criminal activities, the basis for the money laundering offense is dismantled.
In our experience in the defense of this crime, we have been able to nullify it by attacking the original crime that has been charged, for example, in a case where the original crime of corruption, our clients have been able to demonstrate that they have not been convicted of that type of crime and have even been acquitted of the base crime in the
country of origin.
2. Questioning the Legality of the Evidence:
Another frequent strategy is to question the legality of the evidence presented by the prosecution. This includes analyzing the procedure for obtaining the evidence by the authorities, to ensure that the legal framework and the fundamental rights of the accused, such as the right to privacy and the way in which the evidence was obtained, have been respected.
that a subpoena has been executed. The exclusion of illegally obtained evidence can significantly weaken the prosecution's position and, in some cases, lead to the acquittal of the defendant.
3. Absence of Knowledge or Intent:
The defense may argue that the defendant was unaware of the illicit origin of the assets or that he did not intend to engage in money laundering activities. The offense of money laundering requires an intentional element; that is, that the defendant was aware that the funds were derived from criminal activity and knowingly performed acts to conceal or disguise that origin. Demonstrating lack of knowledge or intent can be complex and often requires a detailed analysis of the defendant's behavior and personal circumstances, as well as his or her ability to know the illicit origin of the funds.
In conclusion, the choice of the appropriate defense strategy in money laundering cases will depend on a thorough assessment of the circumstances of the case, the available evidence and the applicable law. The experience and expertise of the defense attorney are crucial to identify the best defense route and to present a compelling case that protects the defendant's rights. The complexity of these cases requires a meticulous approach and a solid understanding of economic criminal law and finance.
At VENFORT Abogados, having offices in Latin America and Spain, we have the capacity to understand and attend cases in an urgent manner, a defense with the best approach and effectiveness for our clients. So if you want more information or need advice on this and other issues related to international criminal law. Please do not hesitate to contact us through our contact page. In addition, we share with you our social networks so that you can keep updated on the legal topics that are in trend: Instagram, Facebook, Twitter y Linkedin.
Alan Aldana
March 2024.
