Money Laundering | H&S Code 11370.9

Description

California law states that Money Laundering is a crime because it is unlawful for any person knowingly to receive or acquire proceeds, or engage in a transaction involving proceeds, known to be derived from proceeds in excess of $25,000 derived from a controlled substance offense, with the intent to give, sell, transfer, transport conceal or maintain an interest in, with the intent to conceal or disguise or aid in concealing or disguising the source of the proceeds to avoided a transaction reporting requirement under state or federal law.

What does the prosecutor have to prove?

1. Defendant unlawfully received or acquired proceeds or engaged in a transaction involving proceeds derived from a controlled substance offense.
2. The proceeds were known to be derived from a violation of this division or Division 10.1.
3. The proceeds were received or acquired with the intent to conceal, or disguise, or aid in concealing or disguising the nature, location, ownership, control or source of the proceeds or to avoid a transaction reporting requirement under state or federal law.

Punishment

Felony: 2years/3years/4years
With probation 0-364 days
Misdemeanor: 0-364 days

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	Yes
Is this charge considered a “controlled substance violation” for immigration purposes?	Yes
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No