Money Laundering – s 193B Crimes Act 1900
Charged with money laundering for dealing with proceeds of crime is daunting when faced with possible prison and a criminal record. Our criminal defence lawyers in Sydney specialise in fraud cases and have successfully proven their clients innocence in court, and convinced police to drop the charges early on many occasions for over 20 years.
Call us now on (02) 8606 2218 to book a free first consultation with an experienced Fraud Defence Lawyer.
Your Options in Court
PLEADING NOT GUILTY
You can only be guilty of a money laundering charge if the police can prove each of the following three elements of the offence:
- You either received, possessed, concealed or disposed of any property; and
- That property was derived or realised by any person from a serious offence; and
- You either knew it was, or realised the possibility it was derived or realised by a serious offence, but continued to receive possess, conceal or dispose of it anyway
If any one of the above three elements are not prove by police beyond reasonable doubt, you will be found not guilty.
Defences to this charge
You will be not guilty if:
- You didn’t know it was derived or realised by the commission of a serious offence, or you didn’t realise this possibility
- You did not receive, possess, conceal or dispose of the property at all
- The property was not actually derived from any person by the commission of a serious offence
- Duress or Necessity
- You committed this offence to assist the enforcement of the law
If any one of the above defences to money laundering charges apply to you, you will be not guilty and your charge dismissed. Our senior lawyers can strengthen your defence and can increase your chances at getting these charges dropped early, which they have been specialising in for over 20 years.
If you decide to plead guilty to a charge of money laundering, it’s important to get realistic and experienced advice from a highly specialised fraud lawyer to guide you, powerfully prepare and present your case in the best possible way. This ensures you maximise your chances at getting the best possible outcome in court, and avoid prison.
25% discount on punishment
Pleading guilty to money laundering charges early enough in your case will entitle you to a 25% discount off your punishment by the Judge. This will result in a more lenient outcome in court, and better result.
The later you plead guilty, the less discount you will receive. This is why it’s important to receive quick, reliable and realistic advice on whether your better off pleading guilty earlier.
Pleading guilty early has other benefits as it expresses your remorse, allowing the Judge to give further leniency.
Good character references
Giving the Judge powerful good character reference letters to read right before your sentence often results in a more lenient outcome. The letters should be from people close to you, including family, friend, employer or colleague, even charity and apology letter from you.
Each letter should express your remorse, insight into your offence, shame and your otherwise good character. Our senior lawyers will guide you at every step, and review each letter before handing it to the Judge to read.
Negotiate to drop charges
You can negotiate your way to get a charge of money laundering dropped or downgraded early in the case by getting a specialist fraud lawyer to analyse the police evidence, and point out the holes in it to police.
Our experienced specialist fraud lawyers have achieved this on many occasions over the years with exceptional outcomes, saving their client time and money. For maximising your chances at achieving this, speak to a senior lawyer now.
The Judge will base the punishment on many factors noted here, including the set of police facts expressing your offending behaviour. This document expresses what you plead guilty to, for example, it tells the Judge how much the value of the item taken was, and how the offence was committed. You can negotiate and change this set of facts to make it more favourable to you, putting you in a better light. This often results in a better, more lenient outcome.
Often police will initially draft this, making it more one sided. This often makes you look worst than what it was, resulting in a heavier punishment by the Judge reading it. Our lawyers have been successfully negotiating these facts for over 20 years.
By getting a strong psychologist or psychiatrist report expressing your mental state at the time of committing the offence, from a highly respected expert, can significantly improve your court outcome with a much lighter punishment. It allows the Judge to, by law, reduce your punishment.
Our lawyers have been getting powerful court reports from psychologists for years. You will be referred to the best one suited to your case, and our lawyers will review each report before handing it to the Judge. It is also a great way to express your remorse and insight allowing for further leniency.
The maximum punishment to a charge of s193B(2) Crimes Act is a term of imprisonment of up to 15 years.
The maximum punishment to a charge of 193B(1) Crimes Act is a term of imprisonment of up to 20 years.
The maximum punishment to a charge of s193B(3) Crimes Act is a term of imprisonment of up to 10 years.
It’s important to know that the maximum punishment is not normally given by the Judges. It is only given to the most serious offenders.
Types of penalties
The Judge can give you any one of the following types of punishment, depending on how your case is prepared and presented in court.
- Section 10 Dismissal
- Conditional Release Order
- Community Correction Order
- Intensive Correction Order
- Full Time Imprisonment
To maximise your chances at avoiding prison, a criminal record, and in order to maximise your chances at proving your innocence or getting your charge of money laundering fraud early, speak to one of our specialist fraud Sydney lawyers.