Money Laundering | Penal Code § 186.10

Description

Criminal charges for Money Laundering may be filed against a person who conducts or attempts to conduct a transaction or more within a seven-day period involving a monetary instrument or instruments with a total value exceeding five thousand dollars ($5,000), or a total value exceeding twenty five thousand dollars ($25,000) within a 30-day period, through one or more financial institutions with the specific intent to promote, manage, carry on, or facilitate any criminal activity, or knowing that the monetary instrument represents the proceeds of any criminal activity may be charged with felony Money Laundering.

What does the prosecutor have to prove?

1. Defendant conducted or attempted to conduct one or more transactions within a 7 day period through one or more financial institutions.
2. The transaction involved a monetary instrument or instruments of a total value exceeding five thousand dollars ($5000).
3. Defendant had the specific intent to promote, manage, establish or carry on criminal activity.
4. Defendant knew or reasonably should have known that the monetary instrument represents the proceeds of, or is derived directly or indirectly from the proceeds of criminal activity. [PC 186.10]

Punishment

Felony: 16months/2years/3years <>br?With probation 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
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?	Yes
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?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No