A money laundering charge is a serious and complex financial crime a person can face. These investigations are often lengthy, document-heavy, and conducted by Victoria Police or Australian Federal Police (AFP). The consequences of a conviction may be severe, involving prison terms and the confiscation of your assets.
As a criminal law barrister with over 50 years of experience, Ian Crisp can be engaged immediately to provide expert legal representation. He has the skills to navigate complex financial evidence and defend your rights in the County and Supreme Courts.
State vs. Commonwealth (AFP) Charges
Money laundering charges can be laid by either Victoria Police under the state Crimes Act 1958 or by the Australian Federal Police (AFP) under the Commonwealth Criminal Code Act 1995.
Commonwealth charges, in particular, may be complex. They may involve multi-jurisdictional investigations, allegations of international transactions, and specialist AFP investigators. These cases may be heard in the County or Supreme Court and carry significant penalties. Understanding which law you have been charged under is the first critical step in obtaining a satisfactory result.
Asset Confiscation & The Proceeds of Crime Act (POCA)
For most people facing money laundering charges, the most immediate threat is the loss of their assets. Under the Proceeds of Crime Act, the prosecution can (and often will) apply for a restraining order (freezing order) over your bank accounts, home, vehicle, and other assets.
You may find your bank accounts frozen and your assets locked. An experienced lawyer must act quickly to challenge these orders and, where possible, have them varied to allow you to pay for your legal fees and living expenses.
What the Prosecution Must Prove
To convict you of money laundering, the prosecution must prove several key elements. This includes proving that you dealt with money or property that was the “proceeds of crime” (i.e., generated by an underlying “predicate offence” like drug trafficking or fraud).
A key point in these cases is your intent. The prosecution may only have to prove in many cases that you were “reckless”.
Penalties for Money Laundering
The penalties for money laundering can be severe and directly reflect the amount of money involved and the person’s level of knowledge or intent. A conviction for even a “reckless” offence can result in imprisonment.
Selecting a Strategy for Defending or Resolving Money Laundering Charges
A specialist defence barrister can assist to defend or resolve a case.
- Challenging the evidence: Scrutinising the “paper trail,” bank records, and financial analysis.
- Contesting the “predicate offence”: Arguing that the original funds were not, in fact, the proceeds of crime.
- Disputing intent: Arguing that you did not know, and were not reckless or wilfully blind to, the source of the funds.
- Negotiating with the prosecution: In some cases, it may be possible to negotiate to have the charges reduced.
How Ian Crisp Can Help
A money laundering charge may be a complex case, often heard in the County or Supreme Court. As a criminal defence barrister, Ian Crisp offers a number of skills:
- Expert Jury Trial Advocacy: Ian’s approach is focused on obtaining a satisfactory outcome, either in defending or resolving charges.
- Immediate Access: By engaging Ian Crisp you have access to a senior advocate to advise you before a police interview and to act quickly to deal with asset freezing orders.
- Experience with Technical Evidence: Ian’s prior-hand experience in industry gives him a practical understanding of complex commercial documents, invoices, and technical records—skills essential for dismantling a complex “paper trail” case.
- Personal Representation: Ian will manage your case personally, from strategic advice and negotiations to the final trial.
Frequently Asked Questions – Money Laundering
You should not speak to the police without first contacting a lawyer. You have the right to remain silent, and anything you say can be used against you. Alternatively, if you have a defence, you should first discuss this with a lawyer before being interviewed by police.
Yes. Under the Proceeds of Crime Act, the prosecution can obtain a restraining order to freeze your assets based on a reasonable belief that you have engaged in criminal activity. An expert lawyer is needed to challenge this.
“Knowledge” means you knew for a fact the money was from crime. “Recklessness” means you were aware of a substantial risk that it was from crime, but you went ahead and dealt with it. Both can lead to a conviction, but the penalties may differ.
This is the original, underlying crime that generated the money (the proceeds of crime). Examples include drug trafficking, fraud, theft, or deception.
These charges are complex and may proceed in the County or Supreme Court for a plea or trial. A barrister is a specialist courtroom advocate whose skills are focussed on cross-examination, legal argument, and addressing a jury – the skills you need to deal with a serious case.