Understanding Arizona Money Laundering: ARS 13-2317
Facing money laundering charges in Arizona can be overwhelming. The legal system is complex and can be intimidating. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of the Arizona money laundering statute. It explains key terms and the sentencing guidelines for money laundering Arizona. It also answers frequently asked questions about your charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense lawyer. If you are charged with Arizona money laundering, consult with a qualified Arizona criminal defense attorney as soon as possible.
What is Money Laundering in Arizona?
ARS 13-2317 is the Arizona money laundering statute. It defines money laundering as the act of disguising the origins of illegally obtained funds. Money laundering is intended to make illicit money appear legitimate and untraceable in order to integrate it into the legitimate financial system.
The specific charges against you will depend on the unique details of your case. Money laundering charges in Arizona are often complex and need careful investigation and legal analysis.
The Three Degrees of Arizona Money Laundering:
Arizona law divides money laundering crimes into three levels or degrees. Each degree has its own penalties and sentencing ranges. The specific degree of the crime charged depends on the nature and extent of the illegal activity involved.
First-Degree Money Laundering: A Class 2 Felony
First-degree money laundering is the most severe money laundering crime and is a Class 2 felony. It involves a broad range of actions, all revolving around knowingly initiating, organizing, planning, financing, directing, managing, supervising, or engaging in the business of money laundering.
First-degree money laundering also applies if the actions of second-degree money laundering were done to support or in connection with an act of terrorism or murder. The consequences of a first-degree charge are extremely serious.
Second-Degree Money Laundering: A Class 3 Felony
Second-degree money laundering is a Class 3 felony. The following are examples of illicit activity that constitutes second-degree money laundering:
- Acquisition or Maintenance of Interest: Acquiring or maintaining an interest in proceeds derived from racketeering activities. This requires knowledge or reasonable suspicion that the funds are proceeds from such unlawful acts.
- Facilitating Racketeering: Making property available to another person, knowing it will be used to aid or support racketeering operations. This involves intent to assist in these criminal endeavors.
- Concealing or Disguising: Conducting a financial transaction knowing that the property involved comes from a crime, and intending to hide where it came from, where it is, or who controls it. This element emphasizes the act of deception inherent in money laundering.
- False Statements or Misrepresentations: Knowingly making false statements or engaging in misrepresentation within any official application, financial report, or document. The act of providing false information to authorities is central to this element.
- Evading Reporting Requirements: Deliberately attempting to circumvent or avoid mandatory reporting requirements under applicable statutes. This highlights the intentional nature of the crime.
- Falsifying Identities: Intentionally misrepresenting or concealing a person’s true identity in connection with a money laundering transaction. The focus here is on concealing the true individuals involved.
- Using Forged Instruments: Utilizing forged documents or instruments within the context of a money laundering scheme. This element points to the sophisticated and calculated nature of these crimes.
Third-Degree Money Laundering: A Class 6 Felony
This is the least severe of the three degrees of money laundering. It is a Class 6 felony and involves two distinct scenarios:
- Bribing a Money Transmitter: Intentionally offering anything of value to a money transmitter or their employee to induce them to disregard legal requirements. This emphasizes the corrupt practice of bribery as a method of money laundering.
- Receiving a Bribe as a Money Transmitter: A money transmitter or their employee receiving anything of value in exchange for non-compliance with legal mandates. This focuses on the act of accepting illicit compensation for breaking the law.
Sentencing for Arizona Money Laundering:
Penalties under the Arizona money laundering statute vary significantly depending on the degree of the crime. The following table summarizes the potential penalties for each degree:
| Degree | Class | First Offense |
|---|---|---|
| First-Degree | Class 2 | Probation to 1 year jail or 3-12.5 years in prison |
| Second-Degree | Class 3 | Probation to 1 year jail or 2-8.75 years in prison |
| Third-Degree | Class 6 | Probation to 1 year jail or 4 months-2 years prison |
Frequently Asked Questions:
Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.
Key Takeaways:
- Definition and Scope: Arizona’s money laundering statute (ARS 13-2317) defines money laundering as disguising the origins of illegally obtained funds to make them appear legitimate and untraceable.
- Degrees of Money Laundering: Arizona law categorizes money laundering into three degrees, each with varying severity and penalties. First-degree is a Class 2 felony and involves planning or running a large money laundering operation. Second-degree is a Class 3 felony and involves hiding the source of illegal money. Third-degree is a Class 6 felony and involves smaller actions related to hiding money.
- Penalties and Sentencing: Penalties range from probation to significant prison time, depending on the degree of the offense. First-degree can result in 3-12.5 years in prison, second-degree 2-8.75 years, and third-degree 4 months-2 years.
Next Steps:
Arizona money laundering is a serious crime with serious consequences. The charges and the resulting sentence depend on many factors. You need to understand the Arizona money laundering statute and your rights to effectively get through this difficult situation.
If you’re facing money laundering charges in Arizona, under ARS 13-2317, engaging a skilled criminal defense attorney is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; get an experienced criminal defense lawyer on your side right away.