Money laundering is a serious criminal offense. In South Carolina, engaging in money laundering in excess of $500 within a 30-day period can result in a felony criminal charge. At Query Sautter & Associates, LLC, we defend money laundering cases. Here, our Charleston white-collar criminal defense lawyer provides an overview of the punishments for money laundering in South Carolina.
Know the Law: Money Laundering Statute in South Carolina
Money laundering is a crime. Under South Carolina law (S.C. Code § 35-11-740), a person can be arrested and charged with money laundering if they engage in a process of conducting transactions involving the proceeds of unlawful activities with the intent to:
- Promote the continuation of unlawful activities; or
- Conceal or disguise the nature, location, source, and ownership of the proceeds of illegal activity.
The Criminal Penalties for Money Laundering in South Carolina
A conviction for money laundering can carry serious criminal penalties in South Carolina. Here is an overview of the potential punishment for the offense:
- Class F Felony: For transactions between $300 and $20,000, the maximum sentence is up to 5 years in prison
- Class E Felony: For transactions between $20,000 and $100,000, the maximum sentence is up to 10 years in prison
- Class C Felony: For transactions totaling or exceeding $100,000, the maximum sentence is up to 20 years in prison.
Money laundering can also carry stiff financial penalties. The fine for a first-time money laundering offense in South Carolina is up to twice the value of the offense.
Defenses Against Money Laundering Charges
As with any other type of white-collar criminal charge, you are presumed innocent until proven guilty. You have the right to raise a zealous defense against money laundering allegations. Some of the most common defense options include:
- Insufficient Evidence: In South Carolina, the prosecution must prove beyond a reasonable doubt that the defendant knowingly conducted illegal transactions. You can challenge the evidence directly. If it is not sufficient, the case should be dismissed.
- Lack of Knowledge or Lack of Intent: A common defense against money laundering charges is arguing that the defendant lacked knowledge that the money involved was derived from unlawful activity. Without proof of intent to promote, conceal, or evade reporting requirements, the prosecution’s case must fail.
- Entrapment by Police: Entrapment occurs when police induce a person to commit a crime they would not have otherwise committed. If the defendant can demonstrate that the idea and intent to launder money originated with law enforcement, the defense may apply.
Contact Our Charleston Money Laundering Defense Lawyer Today
At Query Sautter & Associates, LLC, our Charleston white-collar criminal defense attorney has the skills and experience to take on all types of money laundering cases. If you or your loved one was arrested and charged with money laundering, we are here to help. Contact us today for a fully confidential case review. From our Charleston office, we serve communities across the region.