Am I looking for an expert lawyer in money laundering?, Money laundering specialist in Spain?, if those are the questions that you have brought to our legal information newspaper, you are in the right place because, not only are we going to tell you, who we consider more money laundering experts, but the best lawyers money laundering specialists from Spain. But, it seems appropriate to make a first approximation to what the CRIME OF MONEY LAUNDERING, in a practical way..
We find it interesting, to talk about money laundering crime, have the opinion of two of the best criminal lawyers in Spain, JAVIER and MANUEL RINCÓN, (Directors of RINBER ABOGADOS), (Lawyers specializing in money laundering), who have kindly agreed to give us the legal questions about this specific crime.
CRIME OF MONEY LAUNDERING EXAMPLES
The crime of money laundering is included in article three hundred one of the penal code. The examples related to the crime of money laundering are simple.
Normally they are of two types: The first is about using someone to buy properties in your name, but that do not really belong to you, but belong to a third person, to avoid suspicion about that third person. And the second most common way is through a business that, without it being true that it obtains enormous profits, obtains them, and that is the way in which they give the legitimate appearance to money that really comes from a illicit activity.
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MONEY LAUNDERING CASES IN SPAIN
JAVIER and MANUEL RINCÓN, (Directors of RINBER ABOGADOS), (Lawyers specializing in money laundering), process throughout the year, a significant number of cases related to money laundering crime, coming from drug trafficking.
According to what he tells us, in the autonomous community of Andalusia, there are different HOT ZONES, where, due to the transit of drugs, many money laundering cases, coastal areas of Cadiz, (The line of Conception, Algeciras, etc.), they tend to be hot areas from where we are tasked with many money laundering cases.
MONEY LAUNDERING IN SPAIN
Asking our specialists, Where is the money laundering in Spain?, They answer us that there are what are called hot zones, that is, areas where, due to the relationship with drug trafficking, the circumstances exist for there to be more cash, of direct criminal origin, and therefore, There is a need to provide an outlet for so much cash.
MONEY LAUNDERING PENALTY
Money laundering is punishable in the criminal code, with a custodial sentence ranging from six months to six years. Included in articles three hundred one and following of the penal code. That would be the basic type (the mentioned three hundred and one), and from that article, what are called the aggravated types are developed. By aggravated type we understand cases in which a greater sentence is established, because it is understood that a more serious criminal action has occurred.
But, the important issue is that, in most cases, the initial sentence will begin with three years in prison, since, in the majority of the matters entrusted to us, say JAVIER and MANUEL RINCÓN, ( lawyers specializing in the matter), the action of money laundering, is closely related to drug traffic, and this, as established in the penal code, is what is called an aggravated type.
MONEY LAUNDERING CRIMINAL CODE
And to consider money laundering as established by the criminal code, a series of requirements are required that JAVIER and MANUEL RINCÓN, (Directors of RINBER ABOGADOS), (Lawyers specializing in money laundering), will explain to us in a very graphic way. . Firstly, they tell us that the author “MUST KNOW THE ILLICIT ORIGIN OF THE MONEY”, and of course, as they say, IT'S NOT VALUE TO SAY, I DIDN'T KNOW ANYTHING!! That's obvious.
Many times they come to our office with that idea, and proving the IGNORANCE OF THE ILLICIT ORIGIN OF THE MONEY, on some occasions, is not an easy task, say the RINCÓN BROTHERS. And once the previous requirement has been met, in order to be convicted of this crime, it is necessary that you collaborate in person or by helping, whiten that money, that is, to give legal appearance to the obtaining of money that comes, decidedly, from criminal activity. Success in this type of matter, these criminal lawyers tell us, is in giving a justification or at least a legal appearance to that money.
CRIME OF MONEY LAUNDERING MINIMUM AMOUNT
As established in the penal code, the minimum sentence for a money laundering crime is six months in prison. But, be careful, JAVIER and MANUEL RINCÓN, (Directors of RINBER ABOGADOS), remind us that it will be six months, as long as the competent authority does not prove that the origin of the money is from the drug traffic.
The crime of money laundering is punishable, at its maximum level, with a custodial sentence of up to six years in prison. If it is proven that the origin of the money is related to the crime of drug trafficking, the minimum penalty to be imposed will be three years in prison, which means that the accused will inexorably go to jail.
That is why the most correct defense strategy, the RINCÓN BROTHERS (RINBER LAWYERS) tell us, is to try to demonstrate that: “THE ORIGIN OF THE MONEY IS NOT EXPRESSLY PROVIDED”, which should be punished with the minimum penalty. , which would be the six months that we mentioned before. The truth is, for us (AFIRMAN JAVIER and MANUEL RINCÓN), this defense strategy works for us, and the clients who rely on our services are very satisfied.
He money laundering crime, in most cases, comes hand in hand with situations related to the drug traffic, (where we already analyzed them in an article, who were the best drug trafficking crime lawyers in Spain), and the “hottest” areas where this type of crimes They are found in the areas where the trafficking of narcotic substances occurs the most.
Essentially in the coastal areas of Andalusia, (Huelva, Cadiz, Malaga, Almeria), also inside, (Seville, Grenade and Cordova), since there are many cases of "indoor" plantations, that is, plantations in flats, which, by generating enormous amounts of cash, mean that organized gangs are forced to launder all that money obtained from trafficking. of drugs. In the Andalusia area, the office of lawyers specializing in money laundering crime, is RINBER ABOGADOS, a law firm directed by JAVIER and MANUEL RINCÓN, famous criminal lawyers considered, of The best criminal lawyers in Spain.