NY Penal Law § 470.21: Money laundering in support of terrorism in the fourth degree

Money laundering is a serious criminal offense that involves taking money that was the proceeds from some sort of criminal activity and making it appear as if the money was received from a lawful activity. Money laundering is generally associated with drug crimes, gambling, and organized crime. However, in the past few decades those involved in acts of terrorism have also used money laundering techniques to support terrorist activities. There are 4 offenses in the New York criminal code related to money laundering and terrorism: money laundering in support of terrorism in the first, second, third and fourth degrees. The specific crime that you will face depends on the amount of money involved in the money laundering scheme. Under New York Penal Law § 470.21 you could be prosecuted for money laundering in support of terrorism in the fourth degree if you:

1. Know that the property involved in one or more financial transactions is the proceeds of an act of terrorism or a monetary instrument given, received or intended to be used to support of terrorism, and you conduct one or more such financial transaction with intent to promote the carrying on of such criminal conduct, avoid tax laws, or to conceal the nature, the location, the source, the ownership or the control of the proceeds of an act of terrorism or avoid any transaction reporting requirement imposed by law and the total value of the property involved in such financial transaction or transactions is more than $1000; or

2. Know that the property involved in one or more financial transactions is the proceeds of an act of terrorism or a monetary instrument given, received or intended to be used to support of terrorism, and you transports, transmits, or transfers monetary instruments from New York with intent to promote the carrying on that criminal conduct; or knowing that such transportation, transmittal or transfer is designed in whole or in part to conceal or disguise the nature, the location, the source, the ownership or the control of either the proceeds of an act of terrorism or avoid any transaction reporting requirement imposed by law and the total value of such monetary instrument or instruments is more than $2000; or

3. Conducts one or more financial transactions involving property that is the proceeds of an act of terrorism or a monetary instrument given, received or intended to be used to support terrorism with intent to promote the carrying on that criminal conduct or conceal or disguise the nature, the location, the source, the ownership or the control of property or a monetary instrument given, or avoid any transaction reporting requirement imposed by law and the total value of such monetary instrument or instruments is more than $2000.

Gary operated a tech company that provided technical support to individuals and small businesses. Gary was also secretly a huge supporter of a domestic group that was rumored to have been involved with several acts of terrorism. When customers ordered a certain specified service from Gary, instead of receiving any type of tech service, the customer's money would be funneled to the terrorist's group to support is activities. Gary could be charged with money laundering in support f terrorism in the fourth degree as long as the money involved in these transactions exceeds $2000.

1. Money laundering in the fourth degree: New York Penal Law § 470.05

In order to convict you of money laundering in the fourth degree in support of terrorism the prosecutor must not only show a connection between that the financial transactions involved and criminal activity, the prosecutor must specifically tie the money to acts of terrorism. Furthermore, the amount of money involved must me the requirements of the statute. If the prosecutor fails in any of these areas, the prosecutor will have a difficult time convicting you of money laundering in support of terrorism in the second degree.

Money laundering in support of terrorism in the fourth degree is a class E felony. If you are convicted of this crime your sentence may include up to 4 years in prison and 5 years of probation. In addition, New York Penal Law § 470.25 states that you can also be required to pay a fine of up to two times the amount of money involved in the money laundering scheme.

A person is guilty of money laundering in support of terrorism in the fourth degree when:

1. Knowing that the property involved in one or more financial transactions represents either the proceeds of an act of terrorism as defined in subdivision one of § 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part: (a) he or she conducts one or more such financial transactions which in fact involve either the proceeds of an act of terrorism as defined in subdivision one of § 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part: (i) With intent to: (A) promote the carrying on of criminal conduct; or (B) engage in conduct constituting a felony as set forth in section eighteen hundred three, eighteen hundred four, eighteen hundred five, or eighteen hundred six of the tax law; or (ii) Knowing that the transaction or transactions in whole or in part are designed to: (A) conceal or disguise the nature, the location, the source, the ownership or the control of either the proceeds of an act of terrorism as defined in subdivision one of § 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part; or (B) avoid any transaction reporting requirement imposed by law; and (b) the total value of the property involved in such financial transaction or transactions exceeds one thousand dollars; or

2. Knowing that one or more monetary instruments represents either the proceeds of an act of terrorism as defined in subdivision one of § 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part: (a) he or she transports, transmits, or transfers on one or more occasions, monetary instruments which in fact represent either the proceeds of an act of terrorism as defined in subdivision one of § 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part: (i) With intent to promote the carrying on of criminal conduct; or (ii) Knowing that such transportation, transmittal, or transfer is designed in whole or in part to: (A) conceal or disguise the nature, the location, the source, the ownership, or the control of either the proceeds of an act of terrorism as defined in subdivision one of § 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part; or (B) avoid any transaction reporting requirement imposed by law; and (b) the total value of such monetary instrument or instruments exceeds two thousand dollars; or

3. He or she conducts one or more financial transactions: (a) involving property represented to be either the proceeds of an act of terrorism as defined in subdivision one of § 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part, with intent to: (i) promote the carrying on of specified criminal conduct; or (ii) conceal or disguise the nature, the location, the source, the ownership or the control of property believed to be either the proceeds of an act of terrorism as defined in subdivision one of § 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part; or (iii) avoid any transaction reporting requirement imposed by law; and (b) the total value of the property involved in such financial transaction or transactions exceeds two thousand dollars.

If you are charged with money laundering in support of terrorism in the fourth degree it is critical that you have experienced representation as early in your case as possible. If you are convicted of this crime not only will you be labeled a supporter of terrorism, you could also be sent to prison for up to 4 years and you may be required to pay a substantial fine. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with money laundering, conspiracy, criminal facilitation, enterprise corruption, and other serious crimes. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.