Defence Against Money Laundering Allegations
I defend companies and individuals in investigation and criminal proceedings relating to allegations of money laundering.
- Are you facing allegations of money laundering?
- Have Your Assets Come Under Investigation?
- Are You Being Investigated by the Authorities?
It is crucial to act quickly and decisively at this stage. Get in touch – I am here to put my expertise to work for you!
500+
Represented Clients
Broad Experience in Handling Money Laundering Cases
10+
Years of Experience in Commercial Criminal Law
Possible Consequences of Money Laundering Offences
- A custodial sentence ranging from three months to five years, or a fine.
- Penalties in particularly serious cases: custodial sentence from six months to ten years.
- Fine or custodial sentence of up to two years for negligent money laundering.
Avoid common mistakes and take the right steps:
- Avoid acting too quickly
- Exercise your right to remain silent
- Seek expert legal advice
Let Us Discuss Your Case
As a defendant, you have the right not to comment on the allegations and to remain silent. Avoid making any rash or premature statements. Only after a lawyer has examined the investigation files can the criminal situation be properly assessed. From there, I will develop the best possible solution for you.
The most effective defence strategy must be tailored to each case. In many situations, it is possible to have proceedings discontinued without punishment and without going to trial. If a trial cannot be avoided, I will defend your rights in court and support you throughout the process. I advise you at every stage of the proceedings – from the beginning of the investigation to the appeal proceedings.
Case Studies*
*Please note that these examples are fictional but closely reflect real-life situations.
Money Transfers of Unclear Origin?
A businessman was accused of money laundering after his bank filed a suspicious activity report. The case was based on transfers from abroad, the background of which initially appeared unclear to the authorities. By providing contracts and business records, the allegation was successfully disproved.
Money Laundering Through Loans
The client was a close friend of a car dealer. After investigations were initiated against the dealer for allegations relating to VAT, the client was also accused of money laundering. This was based on large payments the client had received. It was demonstrated that the client had no knowledge of his friend’s incriminated transactions and that the payments were of a private nature.
Assets of Unclear Origin
The client was stopped at the airport upon entering the EU with a large amount of cash. As he initially failed to provide information about the origin of the funds, an allegation of money laundering was raised. Following extensive consultations, the lawful origin of the money from a property sale abroad was demonstrated by submitting the relevant documentation. Confiscation of the funds was also avoided.
Effective Criminal Defense for Your Case
If you have already received a summons, legal representation is indispensable. As your lawyer, I will immediately obtain access to the case files on your behalf. Most importantly: do not attend the interrogation, but contact me instead.
Benefit from my expertise in commercial criminal law!
In recent years, Section 261 of the German Criminal Code (StGB) on money laundering has been significantly expanded. As a result, investigations are steadily increasing. Allegations of intentional or negligent money laundering can arise very quickly – often simply because the authorities cannot clearly determine the origin of assets. If you are facing allegations of money laundering, I am here to support you with clear and comprehensive advice. Do not hesitate to contact me.
FAQ – Frequently Asked Questions about Money Laundering
What Conditions Must Be Met for Money Laundering to Be a Criminal Offence under Section 261 StGB?
Section 261 of the German Criminal Code (StGB) is a complex regulation aimed at transactions involving tainted assets – that is, assets originating from unlawful acts. Typical conduct includes concealing, acquiring, or using such assets. The main goal of this provision is to keep tainted assets out of the legal financial system.
What Are the Possible Penalties if I Am Convicted of Money Laundering?
Sentencing in money laundering cases always depends on the individual circumstances. Under Section 261 (1) of the German Criminal Code (StGB), the court may impose a fine or a custodial sentence of up to five years. The decisive factor is the offender’s degree of culpability in the specific case.
What Does Negligent Money Laundering Mean?
Section 261 (1) of the German Criminal Code (StGB) generally requires conditional intent. Subsection (6) establishes the criminal liability for negligent money laundering. This refers to an aggravated form of negligence. Accordingly, anyone who fails, through gross negligence, to recognise the unlawful origin of an asset is also liable to prosecution.
Can Offences Committed Abroad Also Serve as a Basis for an Offence under Section 261 StGB?
Yes, Section 261 (9) of the German Criminal Code (StGB) provides for this. The inclusion of offences committed abroad is subject to complex, but far-reaching, requirements. In particular, this refers to European regulations and conventions.
What Defence Strategies Exist Against Allegations of Money Laundering?
On the objective level, allegations of money laundering can be countered by demonstrating the lawful origin of the funds. On the subjective level, the requirements of conditional intent or negligence can be challenged. Criminal liability always presupposes personal culpability.
What Does the Independent Confiscation Procedure Mean?
An independent confiscation procedure serves solely to confiscate assets without criminal allegations being made against the person concerned. This may occur, for example, in cases of assets of unclear origin. The financial consequences can be far-reaching. In practice, those affected often have to prove that their assets are of lawful origin in order to prevent confiscation.
Are Assets Related to a Money Laundering Offence Subject to Confiscation?
In principle, yes. Section 261 (10) sentence 1 of the German Criminal Code (StGB) provides for this. As a result, the financial consequences of a conviction for money laundering can be very serious.
