NY Penal Law § 470.23: Money laundering in support of terrorism in the second degree

Preventing future acts of terrorism is a priority of both state and federal law enforcement. If you are suspected of helping a terrorist organization in any way the police and prosecutor will aggressively seek to apprehend you and prosecute you. There are many crimes associated with helping terrorists, including several money laundering offenses. Money laundering is a way for those involved in criminal activity to make it appear as if the money obtained from illegal conduct was obtain through legal activities. When money laundering is accomplished with the intent to help terrorists or if the money is the proceeds of terrorist activity it is referred to money laundering in support of terrorism. There are 4 such offenses in the New York criminal code: money laundering in support of terrorism in the first, second, third and fourth degrees. Under New York Penal Law § 470.23 you could be prosecuted for money laundering in support of terrorism in the second 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 $25,0000; 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 $25,0000; 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 $25,0000.

Lonnie set up a program that involved giving $30,000 scholarships to college students. However, the recipients of the scholarships are only those who are affiliated with terrorist groups who would then used the money to help with their terrorist training.

1. Money laundering in the second degree: New York Penal Code § 470.15

In order to convict you of money laundering in the second 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 meet 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 first degree is a class C felony. If you are convicted of this crime your sentence may include up to 15 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 second 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 specified 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 twenty-five thousand dollars; or

2. Knowing that one or more monetary instruments 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: (a) he or she transports, transmits, or transfers or attempts to transport, transmit or transfer, 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 from a place in any county in this state to or through a place outside that county or to a place in any county in this state from or through a place outside that county: (i) With intent to promote the carrying on of specified 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 twenty-five thousand dollars; or

3. He or she conducts one or more financial transactions 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: (a) 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 twenty-five thousand dollars.

If you are being investigated for the crime of money laundering in support of terrorism in the second degree it is critical that you have experienced representation. 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 over a decade. In addition, you may be ordered to pay a significant 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.