United States of America v. Hernan Burgos Prada

Cincinnati, Ohio, criminal defense lawyer represented the Defendant charged with conspiracy to commit money laundering in violation of 18 U.S.C. 1956(h), which provides:



(h) Any person who conspires to commit any offense defined in this section or section 1957 shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.





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Federal law defines money laundering as a crime primarily through 18 U.S.C. § 1956 and 18 U.S.C. § 1957, which prohibit conducting financial transactions with the proceeds of unlawful activity, with the intent to conceal their source, ownership, or nature. The Bank Secrecy Act (BSA), modernized by the Anti-Money Laundering Act of 2020, requires financial institutions to have anti-money laundering programs and report suspicious activities to the government to combat money laundering and terrorism financing. Key federal statutes 18 U.S.C. § 1956 (Laundering of Monetary Instruments): This is the primary federal statute. It outlaws both the "concealment" and "promotional" types of money laundering.Concealment: Conducting a financial transaction with the knowledge that the funds are from an illegal source, and with the intent to disguise the nature, location, source, ownership, or control of the money.Promotion: Conducting a financial transaction with the knowledge that the funds are from an illegal source, and with the intent to promote or carry on the specified unlawful activity that generated the funds.International: Transporting or transferring funds into or out of the U.S. with the intent to promote specified unlawful activity is also prohibited.18 U.S.C. § 1957 (Engaging in Monetary Transactions in Property Derived from Specified Unlawful Activity): This law prohibits knowingly engaging in a monetary transaction that involves more than \(\$10,000\) in criminally derived property.Bank Secrecy Act (BSA) / Anti-Money Laundering (AML) Act of 2020: This legislation and its amendments require financial institutions to have risk-based anti-money laundering programs to detect and prevent illegal activities. It also includes the Corporate Transparency Act, which requires the reporting of beneficial ownership information for certain companies to the Financial Crimes Enforcement Network (FinCEN).

The Defendant was found guilty and was sentenced to 36 months imprisonment with credit for time served. 3 years supervised release. $100 special assessment. Forfeiture.