Canberra & the ACT · Commonwealth & federal
Money laundering charges in Canberra.
Money laundering is a Commonwealth offence about dealing with the proceeds of crime. The penalty is set by the value involved and by the accused's state of mind, and it runs up to 25 years. Whether the money is proceeds of crime, and what the accused knew, are the questions.
- Top tier25 yearsValue $1m or more, intentional
- Fault mattersIntent / reckless / negligentThree levels each tier
- ProsecutorCommonwealth DPPFederal offence
- Key issueProceeds of crimeAnd what was known
The Commonwealth offence.
The money or property must be, or be at risk of becoming, an instrument or the proceeds of crime. Dealing includes receiving, possessing, transferring or converting it. The penalty depends on two things: how much was involved, and whether the accused acted intentionally, recklessly or negligently.
How these matters run.
Money laundering is prosecuted by the Commonwealth DPP and tried in the ACT courts under Commonwealth law. Serious charges are tried by a unanimous jury; the ACT judge-alone election does not apply. Sentencing is under s 16A of the Crimes Act 1914 (Cth). These are document and financial-flow matters, and they are often charged alongside a predicate offence such as fraud or drug supply.
Defences and issues that matter.
Proceeds of crime.
The prosecution must prove the money or property was, or was at risk of becoming, proceeds or an instrument of crime. Where a legitimate source is shown, or the link to crime is not proved, the offence may fail.
State of mind.
The fault element sets the penalty. Whether the accused knew, was reckless, or was merely negligent about the source is often the real contest, and it can move a matter down by years.
Value.
The tier depends on the value dealt with. How the value is calculated is examined, because it drives the maximum.
How the matter is run.
A money laundering brief is a financial brief: accounts, transfers and the alleged link to a predicate offence. The work is to test whether the money is really proceeds of crime, what the accused actually knew, and how the value and the fault tier are made out. These matters are prepared for a jury trial and are often defended alongside the predicate charge.
Frequently asked.
What is the penalty for money laundering in Australia?
It depends on the value and the fault. Under Division 400 of the Criminal Code (Cth), dealing with $1 million or more carries up to 25 years if intentional, with lower maximums for recklessness and negligence and for lower values.
What does dealing with proceeds of crime mean?
Receiving, possessing, transferring, converting or otherwise dealing with money or property that is, or is at risk of becoming, the proceeds or an instrument of crime. The prosecution must prove that link.
Do I have to know the money was from crime?
The fault element sets the penalty. The most serious tiers require intention or recklessness. A lower offence covers dealing with money reasonably suspected of being proceeds of crime. What the accused knew is often the central issue.
Who prosecutes money laundering in Canberra?
The Commonwealth DPP, under Division 400 of the Criminal Code (Cth). It is a federal offence tried in the ACT courts, by a unanimous jury for a serious charge.
Charged with a money laundering offence?
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
Request a confidential consult 0421 717 019