The money laundering statute in Utah is targeted at transactions that are engaged in for the purpose of concealing assets. In other words, the crime of money laundering involves the act of concealing the transformation of profits from illegal activities and corruption into ostensibly "legitimate" assets.
When law enforcement officers suspect a person of engaging in money laundering, the law enforcement officers might attempt to seize your cash or other property during the course of the investigation.
At the federal level, money laundering crimes prosecuted by the U.S. Attorney’ Office in Salt Lake City are investigated by special agents of the FBI, members of its Financial Crimes Task Force, and IRS Criminal Investigation agents.
At the state level, money laundering crimes are investigated by the financial crimes divisions of local law enforcement agencies or the investigations division of the Utah Office of the Attorney General.
Attorney for Money Laundering in Salt Lake City, UT
In money laundering cases, the prosecutor will often use an expert witness with expertise in money laundering to examine the defendant's financial records. The expert is often looking for evidence that the defendant was attempting to conceal the ownership of money obtained through illegal actions, engaged in tax evasion or false accounting.
You also need an attorney focused on money laundering and financial crimes. If you are under investigation for money laundering under Utah Code Ann. § 76-10-1903, then contact an experienced criminal defense attorney in Salt Lake City, UT, at Brown, Bradshaw & Moffat, LLP.
Elements of Money Laundering Crimes in Utah
For money laundering crimes, Section 76–10–1903(1) of the Utah Code provides that a person commits the offense of money laundering when the person:
- transports, receives, or acquires the property which is in fact proceeds of the specified unlawful activity, knowing that the property involved represents the proceeds of some form of unlawful activity;
- makes proceeds of unlawful activity available to another by transaction, transportation, or other means, knowing that the proceeds are intended to be used for the purpose of continuing or furthering the commission of specified unlawful activity;
- conducts a transaction knowing the property involved in the transaction represents the proceeds of some form of unlawful activity with the intent:
- to promote the unlawful activity;
- to conceal or disguise the nature, location, source, ownership, or control of the property; or
- to avoid a transaction reporting requirement under this chapter or under federal law;
- knowingly accepts or receives property which is represented to be proceeds of unlawful activity.
For individuals prosecuted under Subsection (1)(d), knowledge that the property represents the proceeds of unlawful activity may be established by proof that a law enforcement officer or an individual acting at the request of a law enforcement officer made the representations and the person's subsequent statements or actions indicate that the person believed those representations to be true.
This article was last updated on Friday, March 16, 2018.