Tennessee Money Laundering Attorneys

Money laundering is the process by which a person conceals the existence of income unlawfully received and disguises that income to make it appear legitimate. Conduct falling within this general description is likely a federal or state crime.

If you are facing a money laundering charge in Knoxville, Sevierville or surrounding area, you should know that our attorneys have many years of experience representing clients at both state and federal levels. With quality representation and thorough investigations that challenge the government's evidence and credibility of their witnesses, the criminal defense attorneys at the law offices of Baker Associates near Knoxville and Sevierville are dedicated to providing you with a skilled and thorough defense.

Some Specifics of the Tennessee Money Laundering Act

Persons may be charged with money laundering under T.C.A. 39-14-903 if they knowingly use proceeds from a "specified unlawful activity" to conduct a financial transaction with the intent to disguise criminally derived proceeds.

A specified unlawful activity is basically any crime recognized under the criminal code of Tennessee that is punishable as a felony or any law from another jurisdiction that is punishable by a sentence greater than one year.

Not all acts to disguise criminally derived proceeds constitute money laundering. Actions taken to disguise proceeds from gambling are specifically excluded under the Act. Moreover, certain transactions are excluded. For instance, a transaction conducted at the request of a federal law enforcement official or a transaction conducted by a business or financial institution in compliance with a legal duty may be excluded under the Act.

It is also an offense under the Act for anyone to knowingly use proceeds derived directly or indirectly from a "specified unlawful activity" with the intent to promote the carrying on of a specified unlawful activity.

To constitute a knowing use of proceeds derived from a specified unlawful activity, the accused must have known that the property or proceeds involved in the transaction were received from a specified unlawful activity. However, the state cannot infer knowledge based solely on the identity or reputation of the transferring party or associate of the transferring party.

Corporate Director's or Executive Officer's Liability for Employee's Acts

If prosecuted for money laundering, the state does not have to prove that the defendant actually knew that the property or proceeds were derived from a specified unlawful activity, so long as the defendant knew that the property or proceeds were derived from some form of criminal activity.

However, a corporation, board of directors or executive officer is not criminally liable for the actions of an employee if the corporation exercised due diligence to prevent the criminal act. A corporation exercises due diligence if the criminal acts committed by its employees are

• in violation of specific corporate policy or instructions,
• the corporate policy or instructions were communicated to the employees who committed the criminal acts,
• the corporation had implemented monitoring or supervision procedures designed to detect violations of its corporate policy or instruction, and
• the board of directors and executive officers of the corporation acted in good faith.

Criminal Penalties in Tennessee Money Laundering Cases

Money laundering under the Act is classified as a Class B felony. If convicted, you could face:

• Jail time
• Fines
• Restitution
• Probation
• Supervised release
• Forfeiture of property

Immunity for Reporting a Financial Transaction

The reporting of a financial transaction by a corporation or other business entity to a regulator or law enforcement official or agency will not create a cause of action against the person, corporation or business entity which made the report. The person, corporation or other business entity is also immune from civil liability for making such report.

Protecting the Rights of Our Clients

Money laundering cases can be very complex and difficult. That's why you will want an attorney that has the skills and experience necessary to help you understand your case so that you can be actively involved every step of the way. By engaging in fierce representation and investigating such matters as evidence suppression and witness credibility, our experienced criminal defense attorneys will help you to mount a strong defense against money laundering charges.

Do not put your case and the quality of your life at risk by making the wrong legal choices. Discuss your money laundering case with an experienced criminal defense lawyer at either of our offices in Sevierville or Knoxville.

To schedule a complimentary evaluation with a money laundering defense lawyer at our office serving Pigeon Forge, Knoxville, and Sevierville, complete the form below.

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Knox County
2126 First Tennessee Plaza
800 South Gay Street
Knoxville, Tennessee 37929
Phone: 865-521-0001

Sevier County
121 Court Avenue
Sevierville, Tennessee 37862
Phone: 865-428-2888

Washington County
300 East Main Street
Johnson City, Tennessee 37601