ARS §13-2317 defines Money Laundering as the transfer of illegally-obtained money between multiple points to make the money’s source untraceable. It is charged in three different degrees of seriousness with each degree carrying different penalties.
1st Degree Money Laundering
Money Laundering in the First-Degree occurs if a person knowingly initiates, organizes, plans, finances, directs, manages, supervises or is in the business of conducting any of the above activities. If you were the boss, organizer, leader, or creator of any of the Money Laundering in the Second-Degree activities, you will be charged in the 1st degree. Money Laundering in the First-Degree can also be charged when any of Second-Degree Money Laundering activities are done in the course of, or for the purpose of, facilitating terrorism or murder.
Money laundering in the first degree is a class 2 felony.
2nd Degree Money Laundering
Money Laundering in the Second-Degree can be charged if a person does any of the following:
- acquires or maintains an interest in, transacts, transfers, transports, receives or conceals the existence or nature of racketeering proceeds, knowing or having reason to know that they are proceeds of that offense;
- Makes property available by a transaction to another knowing that it is intended to be used to facilitate racketeering;
- Conducts a transaction with the intent to conceal or disguise the nature, location, source, ownership or control of the property knowing that the property involved are the proceeds of an offense;
- Intentionally or knowingly makes a false statement or a misrepresentation or omits a material entry in any application or financial statement or account records under Title 6, chapter 12 of the Arizona statutes (aka financial documents);
- Intentionally or knowingly attempts to evade any reporting requirement under the Code of Federal Regulations;
- Intentionally or knowingly provides any false information or fails to disclose information that causes any licensee, authorized delegate, money transmitter, trade or business to either:
(a) Fail to file any report or record that is required under section 6-1241.
(b) File such a report or record that contains a material omission or misstatement of fact.
7) Intentionally or knowingly falsifies, conceals, covers up or misrepresents or attempts to falsify, conceal, cover up or misrepresent the identity of any person in connection with any transaction with a financial institution or money transmitter.
8) In connection with a transaction with a financial institution or money transmitter, intentionally or knowingly makes, uses, offers or presents or attempts to make, use, offer or present, whether accepted or not, a forged instrument, a falsely altered or completed written instrument or a written instrument that contains any materially false personal identifying information.
9) If the person is a money transmitter, a person engaged in a trade or business or any employee of a money transmitter or a person engaged in a trade or business, intentionally or knowingly accepts false personal identifying information from any person or otherwise knowingly incorporates false personal identifying information into any report or record that is required by section 6-1241.
10) Intentionally conducts, controls, manages, supervises, directs or owns all or part of a money transmitting business for which a license is required by title 6, chapter 12 unless the business is licensed pursuant to title 6, chapter 12 and complies with the money transmitting business registration requirements under 31 United States Code section 5330.
Money laundering in the second degree is a class 3 felony.
Money Laundering – Third Degree
A person can be charged with Money Laundering in the Third-Degree if the person knowingly or intentionally does any of the following:
- In the course of any transaction transmitting money, he intentionally or knowingly confers or agrees to confer anything of value on a money transmitter or any employee of a money transmitter that is intended to influence or reward any person for failing to comply with any requirement under title 6, chapter 12 (financial banking and disclosure requirements).
- Engages in the business of receiving money for transmission or transmitting money, as an employee or otherwise, and receives anything of value upon an agreement or understanding that it is intended to influence or benefit the person for failing to comply with any requirement under title 6, chapter 12.
Money laundering in the third degree is a class 6 felony.
The definitions for a large majority of terms used in this statute may be found in A.R.S. § 6-1201; A.R.S. 13-2001; A.R.S. §13-2301; A.R.S. 13-2314
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The Litwak Law Group
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