Tag Archives: money laundering

US Criminal Prosecution: Tax Evasion & Money Laundering

December 19, 2016  |   Posted by :   |   Tax Evasion   |   0 Comments

Tax evasion and money laundering may result in criminal prosecution by the US Department of Justice for both tax crimes and “related sister felonies”: wire fraud & mail fraud. When a taxpayer fails to pay taxes due (whether income, estate or gift taxes) and uses the “tax cheating” proceeds (which courts have ruled amount to […]

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Tax Evasion & Money Laundering: Foreign Persons

September 21, 2016  |   Posted by :   |   Tax Evasion   |   0 Comments

Under 18 USC 1956 (f), there is extraterritorial jurisdiction over the conduct prohibited if: 1) The conduct is by a US citizen, or, in the case of a non-US citizen, the conduct occurs in part in the US; and 2) The transactions or series of related transactions involves funds or monetary instruments of a monetary […]

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Tax Evasion & Money Laundering (Criminal Conduct)

September 18, 2016  |   Posted by :   |   Tax Evasion   |   0 Comments

The US Attorney Criminal Resource Manual Section 2101 references 18 USC 1956 (a) which defines three types of criminal conduct: 1) Domestic Money Laundering transactions (18 USC 1956 (a) (1); 2) International Money Laundering transactions (18 USC 1956 (a) (2); 3) Undercover “Sting” Money Laundering Transaction (18 USC 1956 (a) (3). To be criminally culpable […]

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Federal Criminal Money Laundering Statute (18 USC 1956)

September 16, 2016  |   Posted by :   |   Tax Evasion   |   0 Comments

The key federal criminal money laundering statute is 18 USC 1956 which outlaws four kinds of money laundering: 1) Promotional, concealment, structuring and tax evasion; 2) Laundering of the Proceeds (i.e. invest the proceeds transforming it into other assets); 3) Money generated by designated federal, state, and foreign underlying crimes (predicate offenses). In the case […]

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Criminal Prosecutions for Money Laundering

September 14, 2016  |   Posted by :   |   Tax Evasion   |   0 Comments

Criminal prosecutions for money laundering under 18 USC 1956 (a)(2) arise when monetary instruments or funds are transmitted or transferred, transmitted or transferred internationally. In each case, defendant must have acted with criminal intent (i.e. promoting or concealing money laundering or avoiding reporting requirements). Violations of 18 USC 1956 have a maximum 20-year jail sentence […]

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Tax Evasion and Money Laundering (Venue)

September 13, 2016  |   Posted by :   |   Tax Evasion   |   0 Comments

Criminal prosecution for money laundering offenses under 18 USC 1956, 1957 may be brought: 1) In any district in which the financial or monetary transaction is conducted; 2) In any district where a prosecution for the underlying Specified Unlawful Activity (“SUA”) could be brought, if the defendant participated in the transfer of the proceeds of […]

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Money Laundering & The Movie Business: “The Wolf of Wall Street”

August 08, 2016  |   Posted by :   |   Tax Evasion   |   0 Comments

On 7/20/16 the US Dept. of Justice moved to seize $1B in assets including future proceeds from the 2013 film the Wolf of Wall Street, US luxury real estate and Old Masters art work in an international corruption investigation targeting officials who allegedly profited from misappropriating $3.5B from a Malaysian sovereign wealth fund (including possibly […]

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US Treasury Dept. Expanding Hunt for Money Laundering in Real Estate

August 01, 2016  |   Posted by :   |   Tax Evasion   |   0 Comments

On 7/27/16 the US Treasury Dept. expanded its hunt for international criminals who launder money through all cash US real estate purchases. Beginning August 2016, the US Treasury has ordered title companies to report all cash buyers’ identities for expensive US residential real estate (homes, condos) in major US cities. The Treasury Program, seeking to […]

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International Tax Evasion and Money Laundering: Criminal Prosecutions

July 27, 2016  |   Posted by :   |   Tax Evasion   |   1 Comment

The US Attorney Criminal Resource Manual Sec. 2101, defines criminal conduct for which includes domestic money laundering transaction (18 USC 1956 (a) (1), and international money laundering transaction (18 USC 1956 (a)(2). To be criminally culpable for money laundering a defendant must: 1) Conduct (or attempt to conduct) a Financial Transaction; 2) Knowing that the […]

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US Money Laundering Law and Foreign Tax Evasion

July 20, 2016  |   Posted by :   |   Tax Evasion   |   1 Comment

In the Pasquantino case, (96 AFTR 2d 2005-5392 (2005), the U.S. Supreme Court determined that a foreign government has a valuable property right in collecting taxes and that right may be enforced in a U.S. court of law. Under the CRS Report for Congress, Money Laundering:  An abridged overview of 18 U.S.C. Sec.1956 and Related Federal Criminal […]

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