The Napier Law Firm, PLLC – Trusted Federal & State Money Laundering Lawyers serving Houston, The Woodlands, Montgomery County, and Fort Bend County.
While serving as a trial attorney for the DOJ, Monica Cooper Napier was part of the Fraud Section specifically investigating and prosecuting financial crimes, including money laundering. Monica now uses that insider knowledge to ensure her clients receive a thorough and informed defense. If you are being investigated or charged with money laundering, you need an experienced legal team with a strong record in white-collar and financial crime defense. The Napier Law Firm combines strategic litigation, local court insight, and federal experience to defend clients in the Southern District of Texas and beyond.
What Is Money Laundering?
Money laundering involves disguising the origins, ownership, or destination of money derived from illegal activity, making it appear legitimate. This could include drug trafficking, fraud, tax evasion, or bribery. Laundering can occur through complex business transactions, banking transfers, shell companies, or even cash deposits structured to avoid regulatory detection. The objective is to give criminal profits the appearance of lawfully earned income, allowing individuals to use or invest the funds without attracting scrutiny from law enforcement or financial regulators. Money laundering charges alleged that someone has concealed the origins of money obtained through criminal activity, making “dirty money” appear “clean.”
Federal and State Laws Governing Money Laundering
At the federal level, money laundering is criminalized under 18 U.S.C. § 1956 and § 1957, which include promotion laundering, concealment laundering, and structuring. These charges often accompany conspiracy or wire fraud counts. Texas Penal Code § 34.02 covers money laundering at the state level, with penalties tied to the amount involved.
Money laundering became a standalone federal offense with the passage of the Money Laundering Control Act of 1986, which introduced two key statutes:
18 U.S.C. § 1956
This section prohibits knowingly conducting financial transactions with criminal proceeds:
- To promote unlawful activity,
- To evade taxes,
- Or to conceal the nature, origin, ownership, or location of the criminal proceeds.
Federal prosecutors typically rely on two theories under this statute:
- Promotion Theory: The funds were used to further ongoing criminal activity.
- Concealment Theory: The transactions were intended to hide or disguise the criminal source of the money.
18 U.S.C. § 1957
This provision criminalizes knowingly engaging in monetary transactions involving criminally derived property valued at over $10,000.
Elements of a Money Laundering Charge
The federal government typically breaks down a laundering scheme into three main stages:
- Placement – Illicit funds are introduced into the financial system, such as being deposited into a business account.
- Layering – The money is moved through various accounts or entities to obscure its origin.
- Integration – The “cleaned” money re-enters the economy, often through investments or purchases that appear legitimate.
Prosecutors must prove that the defendant knowingly participated in this process and had intent to promote or conceal criminal conduct.
Who Investigates Federal Money Laundering Cases?
Federal money laundering investigations are often led by:
- Federal Bureau of Investigation (FBI)
- Drug Enforcement Administration (DEA)
- Department of Justice (DOJ)
Other involved agencies may include:
- Internal Revenue Service (IRS)
- Securities and Exchange Commission (SEC)
- Federal Trade Commission (FTC)
- U.S. Secret Service (USSS) for cases involving counterfeiting
- Federal Deposit Insurance Corporation (FDIC)
Banks and other financial institutions are frequently implicated due to their role in processing suspicious transactions.
Penalties and Consequences for Money Laundering
Federal money laundering charges are felonies that carry severe penalties:
- Under § 1956:
- Up to 20 years in prison (per count)
- A fine of up to $500,000 or twice the amount laundered, whichever is greater
- Under § 1957:
- Up to 10 years in prison
- Monetary fines in line with the amount laundered
These charges are often accompanied by additional criminal offenses, such as conspiracy, wire fraud, or the underlying criminal conduct that produced the funds.
Convictions can also result in:
– Restitution, probation, and supervised release
– Loss of professional licenses or immigration consequences
– Government forfeiture of bank accounts, vehicles, or real estate—even without a conviction
Minimum Sentences and Sentencing Guidelines
Federal sentences are determined using the U.S. Sentencing Guidelines, which account for various factors such as:
- Prior criminal history
- Amount of money involved
- Use of sophisticated laundering methods
- Abuse of a position of trust
Judges have discretion to depart from the guideline range based on mitigating or aggravating circumstances. There is no mandatory minimum for money laundering, but enhancements can increase the severity of the sentence dramatically.
Restitution and Asset Forfeiture
If convicted, defendants are often ordered to:
- Pay restitution to victims of the laundering scheme
- Forfeit assets that were either used in or obtained through illegal transactions
This can include bank accounts, vehicles, real estate, or any property linked to the criminal activity. The DOJ’s Money Laundering and Asset Recovery Section (MLARS) aggressively pursues global restitution and asset recovery.
Government Seizures During Investigations
Federal law allows authorities to seize assets even before conviction if they are believed to be tied to criminal conduct. Pre-trial seizures can include:
- Cash or bank accounts
- Vehicles
- Business or personal property
These seizures may become permanent (forfeiture) if a conviction is secured and the property is proven to be linked to money laundering.
Impact of a Money Laundering Charge
Aside from the risk of incarceration and fines, a money laundering charge or conviction can have devastating consequences:
– Frozen or seized business and personal assets
– Difficulty opening or maintaining bank accounts
– Loss of business licensing and reputation damage
– Immigration consequences for non-citizens
– Difficulty obtaining credit, loans, or conducting future transactions
It’s critical to have a defense attorney who understands both the legal and financial consequences to proactively protect your interests.
Money Laundering Investigation Process
Money laundering investigations are typically complex and involve several federal and state agencies, including the FBI, IRS-CI (Criminal Investigation), DEA, and local task forces. These investigations may include:
– Financial transaction monitoring
– Subpoenas to financial institutions and service providers
– Surveillance and undercover operations
– Seizure of digital assets and mobile devices
– Cooperation with foreign banks or financial entities
The investigation stage is critical. Hiring an attorney early can prevent mistakes and potentially limit criminal exposure before an indictment is filed.
What the Government Must Prove
To secure a conviction for money laundering, the prosecution generally must prove:
1. The existence of proceeds from unlawful activity
2. Knowledge that the money was obtained through unlawful means
3. Intent to conceal, disguise, or promote unlawful activity through financial transactions
In some cases, the prosecution may rely on circumstantial evidence, making it essential for defense attorneys to disrupt assumptions and provide alternative explanations.
Common Defenses to Money Laundering Charges
– Lack of knowledge: The accused did not know the funds were from unlawful activity
– Legitimate source: Funds were legally obtained and verifiable
– No intent to conceal: The transactions were part of normal business operations
– Entrapment: Law enforcement induced unlawful conduct not otherwise contemplated
– Insufficient evidence: The prosecution cannot meet its burden of proof
What To Do If Contacted by Investigators
If federal agents reach out to you regarding suspected money laundering or related crimes:
- Do not speak to investigators without legal representation.
- Invoke your Fifth Amendment rights.
- Consult with an experienced federal criminal defense attorney immediately.
Attempting to explain or defend your actions without legal guidance can unintentionally worsen your legal position or expose you to additional charges.
When to Contact a Money Laundering Defense Attorney
If you’ve been contacted by federal agents—or even if you suspect you’re under investigation—reach out to an experienced criminal defense lawyer immediately. Do not wait until charges are filed. Early intervention by your attorney may:
- Prevent formal charges
- Limit the scope of investigation
- Protect your constitutional rights
Types of Money Laundering Cases We Handle
– Structuring deposits to avoid currency reporting requirements
– Real estate transactions used to launder proceeds
– Business accounts suspected of commingling illicit funds
– Cryptocurrency-based laundering and digital wallet tracing
– International wire transfers and shell companies
– Allegations of laundering linked to healthcare, fraud, or drug trafficking
How We Build a Powerful Defense
1. Financial Review: We trace the origin of assets and uncover legitimate sources.
2. Legal Challenges: We contest overbroad subpoenas, unlawful seizures, and procedural misconduct.
3. Suppression Motions: If your rights were violated during searches or interrogations, we move to exclude that evidence.
4. Structuring Defense: We show a lack of intent to evade reporting laws or prove client ignorance of financial rules.
5. Trial Preparation: Every case is built as if it’s going to trial—with witness prep, cross-examination strategies, and trial exhibits.
6. Negotiation Leverage: A strong defense posture allows us to negotiate better outcomes—including dismissed charges, forfeiture reduction, or sentencing relief.
Why Choose The Napier Law Firm in Houston
– Experienced criminal defense attorneys with white-collar expertise
– Insider experience with FBI, DEA, and DOJ cases
– Strong record in both federal and state court trials
– Former prosecutor perspective and strategic insight
– Transparent, responsive, and client-focused service
– Based in Houston with extensive local and federal courtroom knowledge
Contact a Houston Money Laundering Defense Attorney Today
Money laundering investigations are complex, fast-moving, and often involve asset freezes and high-stakes decisions. Don’t navigate this alone. Our Houston money laundering lawyers can intervene before indictment and work to protect your finances, your freedom, and your reputation.
📞 Call now for a confidential consultation:
🌐 Visit us online at www.thenapierlawfirm.com/contact
📍 Located in Houston and serving clients throughout Harris County and the Southern District of Texas