Money Laundering

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Money laundering is a serious offence contrary to section 138 of the Criminal Law Consolidation Act 1935 (SA). That section creates two offences of money laundering. First, money laundering with knowledge carries a maximum penalty of 20 years imprisonment for a natural person. Second, money laundering with negligence carries a maximum penalty of 4 years imprisonment for a natural person. There are also applicable penalties for body corporates.

The prosecution must prove three elements:

  • The accused engaged in a transaction involving property;
  • The property was tainted;
  • In respect of either offence:
    • The accused either knew the property was tainted property (the first offence); or,
    • The accused ought reasonably to have known that the property was tainted (the second offence). 

A transaction can include that the property was brought, received, concealed or disposed of directly or indirectly by the accused. To prove that property is tainted, the prosecution must show it was obtained from unlawful activity. The third element looks to the accused’s state of mind or objectively, what the accused should have known.

The usual community perception of money laundering is the concealment of the origin of money obtained through unlawful activity. However, the broad definition of tainted property under this section also captures a person who knowingly sells stolen property. The offence can vary in the form of its method, level of sophistication and role in criminal organisations. The evidence typically involves complex factual circumstances and lengthy documents. Defending the charges often requires detailed analysis.

There are also Commonwealth provisions for different money laundering offences under the Criminal Code Act 1995 (Cth). 

If you are charged with any of these offences, seek the considered advice of our experienced team to guide you to the best possible outcome. 

Criminal Lawyers Adelaide

If you are facing money laundering charges contact our team in Adelaide.

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Ralphtiley Tiley
Ralphtiley Tiley
I hadn't had much experience with lawyers and I found Hugh to be very experienced in my matter.He kept me advised through the whole process and I was very happy with the outcome he obtained.I would recommend them to anyone needing legal help
Mandy Sheer
Mandy Sheer
I used Hugh on a traffic matter, very stress free, informative and great results! Highly recommend 🌟🌟🌟🌟🌟🌟
ferruccio cardellini
ferruccio cardellini
I contacted woods and co lawyers with a matter that I was not convinced could be resolved. After my meeting with Vivian Ngo, I was assured that she would do everything she could to help. Vivian was successful and my matter resolved quickly. I think Woods and Co , especially Vivian Ngo, are worth their weight in gold! Thank you again Ferruccio Cardellini ( Fish )
Chloe Sampson
Chloe Sampson
Vivian is an amazing lawyer! She was reassuring the whole time and made me feel comfortable throughout the whole process. Highly recommend
priscilla cher
priscilla cher
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David Ndura
David Ndura
A big thankyou to Vivian Ngo and her team for her professionalism, knowledge & fast response in achieving a fantastic outcome for my case. I would definately recommend Woods &co for legal advise & representation
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I would like to draw attention to the excellent and professional conduct of Ben chehade at woods and co, he worked tirelessly, and communicated with my partner and I every step of the process, After hours included to put together a genuine supporting argument to secure me a favourable result on a criminal matter, I will make it clear that breaking the law will always draw a penalty I know this first hand, And all people make mistakes, I'm not proud of it. But with a energetic, confident lawyer like Ben on your side he will secure you a fantastic and fair result !!!!! To Ben I say thankyou!!!
Hayder Al Hamdany
Hayder Al Hamdany
They are reliable, honest and operate with integrity. I recommend them to anyone who is looking for some great legal advocacy and support. Ben always takes the time to answer any questions I may have, and provides me with all the options available. As a new with a legal matter, it can be difficult to find a suitable lawyer. I was lucky to be connected to Ben. On another note, their charges were also very reasonable to the services they provided.