Money laundering and proceeds-of-crime allegations can involve cash, bank transfers, cryptocurrency, property, businesses and transactions police say are connected with criminal activity. ED Legal provides advice and representation for these charges across Sydney and NSW.
These matters often depend on tracing funds, the source and destination of transactions, ownership or control of accounts and what the accused knew or believed about the money or property involved. Early advice is important before responding to police or providing explanations about financial records.
Keep any Court Attendance Notice, search warrant, freezing or restraint paperwork and police correspondence you receive.
Preserve bank statements, transaction records, invoices, cryptocurrency records, messages and business documents in their original form.
Tell us what police allege, whether any property or accounts have been restrained or seized, whether you have been charged and any court date you have been given.
We can review the alleged transactions, financial records, account ownership, communications and prosecution theory and explain what must be proved under the particular offence charged.
Assess whether the prosecution can prove the money or property was proceeds of crime or was intended to become an instrument of crime, where that is an element of the offence.
Review bank statements, transaction histories, cryptocurrency records, business documents and communications said to connect you to the funds or property.
Advise you before a police interview and on requests for financial records or explanations about particular transactions.
Consider whether there is a basis to challenge the charge, the alleged knowledge or recklessness, or the prosecution case about the source, destination or purpose of the property.
Prepare the matter for hearing, sentence or serious criminal proceedings and represent you in court.
Part 4AC of the Crimes Act 1900 (NSW) contains several offences concerning dealing with proceeds of crime. The exact section charged matters because the required mental state and maximum penalty vary.
Section 193B concerns dealing with proceeds of crime where the accused knows or is reckless as to the property being proceeds of crime and, in some forms, intends to conceal or disguise the proceeds.
Section 193C creates further offences involving dealing with property suspected of being proceeds of crime, with different thresholds and penalty levels depending on the value and circumstances.
The prosecution case may depend on circumstantial evidence about the source of funds, transaction patterns, account control, explanations given and the commercial or personal context.
Financial analysis can be extensive. The fact that a transaction appears unusual does not itself determine whether the accused had the knowledge, recklessness or suspicion required by the offence.
The value of the property can affect the applicable charge and maximum penalty, so the prosecution calculation and ownership of the property should be checked carefully.
Some proceeds-of-crime offences carry substantial maximum penalties. The exact sentencing exposure depends on the section charged, value involved, alleged mental state and the way the matter is prosecuted.
We can explain the exact offence on your Court Attendance Notice or indictment and what the prosecution must establish in your case.
If police want to speak with you about alleged money laundering or proceeds of crime, obtain legal advice before deciding whether to participate in an interview or provide a detailed account of transactions.
Keep your Court Attendance Notice, charge sheet, bail documents and any restraint, search or seizure paperwork together.
Make a note of any accounts, devices, cash, cryptocurrency or records police have requested, frozen or seized.
Tell us about legitimate sources of funds, business relationships, loans, sales or transactions that may provide context for the allegation.
Preserve original financial and electronic records rather than creating new summaries or altering files after police contact.
Before sending a large volume of confidential financial material, ask us how to provide it securely.
A proceeds-of-crime investigation can overlap with fraud, drug, stealing, robbery or Commonwealth offences. Each charge has separate elements and should be analysed against the evidence relied on by the prosecution.
Fraud allegations may be relied on as the alleged source of funds, but the prosecution must still prove the separate proceeds-of-crime offence charged.
Drug-supply allegations can also lead to proceeds-of-crime charges where police say cash, assets or transactions are connected with unlawful activity.
Some matters can involve Commonwealth money-laundering offences or confiscation proceedings in addition to NSW charges.
We can identify the offences actually charged and advise on the interaction between the criminal case, any restraint or confiscation process and the financial evidence.
Police may trace transactions across multiple accounts, entities or digital wallets. The fact that an account is in a person's name does not always resolve who controlled a transaction or why it occurred.
Which accounts, wallets or assets police say are connected to the alleged proceeds.
Who had access to or control over the relevant accounts or property.
What evidence is said to establish knowledge, recklessness or suspicion about the source or purpose of the property.
We can test the financial narrative against the underlying records and identify gaps or assumptions in the prosecution case.
Cash-intensive businesses, cryptocurrency transfers and informal loans can attract scrutiny because records may be incomplete or transaction patterns appear unusual. The legal issue remains whether the prosecution can prove the elements of the offence charged.
Bank deposits, withdrawals and transfers.
Cryptocurrency exchange, wallet and blockchain records.
Invoices, loans, sales and other business records that may explain a transaction.
The evidence should be analysed transaction by transaction rather than assuming that unusual financial activity is necessarily criminal.
Some investigations involve both NSW and Commonwealth law, particularly where transactions cross jurisdictions, involve federal agencies or are connected with Commonwealth offences.
NSW proceeds-of-crime offences under Part 4AC of the Crimes Act 1900.
Commonwealth money-laundering offences under the Criminal Code.
Restraint, forfeiture or confiscation issues connected with alleged criminal property.
The applicable legislation and court process depend on the charges and agencies involved. We can identify the framework and advise on the immediate priorities.
Money-laundering and proceeds-of-crime charges can involve serious consequences and large volumes of financial evidence. If the allegation is disputed, we can prepare the case and challenge the prosecution theory. If a plea is under consideration, the exact offence, value and agreed facts should be checked before a decision is made.
Tell us what police say the money or property represents, whether you have been charged and, if known, the court and next court date.
Have your Court Attendance Notice and any search, restraint, seizure or bail paperwork available.
Tell us if police have asked you to attend an interview or explain particular transactions.
Identify where relevant bank records, cryptocurrency records, invoices, messages or business documents are kept.
Tell us if police have frozen accounts, seized cash or devices, or if the investigation involves other people or businesses.
Before sending detailed or confidential financial material, ask us how to provide it securely. To discuss representation for a money laundering or proceeds-of-crime allegation, contact ED Legal for a free initial consultation.
Disclaimer: This information is general in nature and is not legal advice. It is intended as a guide only. You should obtain formal legal advice about your specific circumstances.
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