Money Laundering

The Law Offices of David Berg defends individuals and businesses facing money laundering charges in federal courts nationwide and in Texas state courts.

Money laundering charges arise when the government believes financial transactions were used to conceal, move, or legitimize proceeds from criminal activity. In federal cases, prosecutors don’t need to prove you personally committed the underlying crime. They need to prove you knew the money was laundered and moved it anyway. That standard has put a wide range of people in the crosshairs of federal investigation: business owners, executives, accountants, attorneys, real estate professionals, and financial institution employees, among others.

If you are under investigation or have been charged, contact the Law Offices of David Berg for a confidential consultation.

What Money Laundering Charges Actually Mean for You

Federal money laundering prosecutions are built around three statutes, each targeting a different part of the financial picture. It’s important to understand which one applies to your situation.

The government may allege that you conducted transactions with proceeds of specified unlawful activity (18 U.S.C. § 1956), engaged in monetary transactions in property derived from unlawful activity (18 U.S.C. § 1957), or participated in a conspiracy involving either. Penalties across these statutes include prison terms of up to 20 years per count, fines up to $500,000 or twice the value of the funds involved (whichever is greater), and civil forfeiture of any property connected to the alleged offense.

The civil forfeiture dimension alone can be financially devastating, independent of whether a conviction follows.

Situations We Handle

Money laundering charges appear in a wide range of business and personal contexts. We defend clients in situations including:

• Business owners or executives accused of moving cash proceeds through legitimate company accounts
• Real estate transactions the government claims were used to layer or integrate criminal funds
• Bank or wire transfers flagged as structuring or connected to proceeds of fraud, narcotics, or other predicate offenses
• Healthcare or insurance fraud cases where billing proceeds are alleged to have been laundered through a separate entity
• Cryptocurrency transactions the government is characterizing as money movement with intent to conceal
• Financial professionals, attorneys, or accountants accused of facilitating transactions on behalf of clients later charged with underlying crimes
• Cases where money laundering charges are stacked alongside wire fraud, bank fraud, RICO, or narcotics charges

How We Approach Money Laundering Cases

Money laundering cases are built on financial records, transaction histories, and the government’s characterization of intent. They are document-intensive, and the paper trail the prosecution assembles often tells only part of the story.

David Berg has tried financial crime cases for more than 50 years, at both the federal and state levels. His approach starts with a close examination of what the government actually has versus what it is alleging, how the underlying predicate offense connects to the transactions at issue, and where the government’s theory of intent is weakest.

In federal financial crime cases, the prosecution’s case frequently depends on evidence obtained through grand jury subpoenas, bank records requests, and parallel civil forfeiture proceedings. Early engagement with defense counsel affects how each of those processes unfolds and what evidence is preserved or contested.

Asset forfeiture requires particular attention. The government can move to freeze or seize assets before charges are filed, sometimes before you know you are a target. Challenging a forfeiture action is a separate proceeding with its own deadlines. Missing them can result in a permanent loss of property regardless of the outcome of any criminal case.

What’s at Stake

Federal money laundering convictions carry some of the most severe financial penalties in the federal criminal code, in addition to prison time. For businesses, a conviction can mean the end of banking relationships, professional licenses, and operational continuity. For individuals, forfeiture can reach any property the government can tie to the alleged offense, including real estate, vehicles, accounts, and business interests.

Civil and criminal exposure often run in parallel. A client facing criminal money laundering charges may simultaneously face IRS civil penalties, SEC or FinCEN enforcement actions, or private civil litigation. A defense strategy that accounts for all of these exposures from the outset is not the same as one that focuses only on the criminal case.

David Berg has represented clients across commercial litigation, federal criminal defense, and qui tam matters simultaneously. When your legal exposure crosses more than one category, a lawyer with depth across those areas is worth considering.

Why the Timing of Your Call Matters

Federal money laundering investigations frequently begin long before charges are filed. Grand jury subpoenas, informal government interviews, and bank account monitoring are all signs that an investigation is active. Retaining counsel at the investigation stage, before a target letter or indictment arrives, affects what information reaches the government and how.

If you have been contacted by federal agents, received a subpoena, or have reason to believe your financial activity is under review, tell us about your situation.

Why David Berg

David Berg has defended clients in federal and Texas state criminal courts for more than 50 years. He is recognized by Best Lawyers in America for White Collar Criminal Defense and has been named to the National Law Journal‘s “Who’s Who of Criminal Defense Nationwide.”

He has obtained acquittals in cases where the evidence appeared overwhelming, including cases that made national headlines. His record across criminal defense and complex civil litigation reflects the same trial-focused approach: build the case to go the distance, because the government knows when it is facing a lawyer who will.

He is also the author of The Trial Lawyer: What It Takes To Win, Second Edition, published by the American Bar Association in 2018, a widely used text on trial strategy used by lawyers across the country.

Frequently Asked Questions

What is money laundering under federal law?

Federal money laundering law, primarily codified at 18 U.S.C. §§ 1956 and 1957, makes it a crime to conduct or attempt to conduct financial transactions involving proceeds of specified unlawful activity when certain conditions are met, most commonly knowledge that the funds derived from criminal activity or intent to conceal their origin. The statute covers both actual transactions and conspiracy to commit them.

What is the difference between the three federal money laundering offenses?

Section 1956 targets transactions designed to promote criminal activity, conceal the source of funds, or evade taxes, and carries penalties of up to 20 years in prison. Section 1957 targets monetary transactions involving criminally derived property exceeding $10,000, with penalties of up to 10 years. Section 1956(h) covers conspiracy to commit either offense and carries the same penalty as the underlying violation.

Can I face money laundering charges even if the underlying crime wasn’t mine?

Yes. Federal prosecutors frequently charge individuals with money laundering based on their financial involvement with proceeds of someone else’s criminal activity. The government must prove you knew or had reason to know the funds were proceeds of unlawful activity. This has resulted in charges against accountants, lawyers, business partners, and financial professionals who processed transactions without knowing the full picture.

Does Texas have its own money laundering statute?

Yes. Texas Penal Code Chapter 34 criminalizes acquiring, concealing, possessing, transferring, or transporting proceeds of criminal activity with intent to conceal or promote that activity. Texas money laundering charges are classified as felonies on a tiered scale tied to the dollar amount involved, with first-degree felony charges applying to transactions of $300,000 or more. State and federal charges can run concurrently.

What happens if the government seizes my assets before I’m charged?

Civil asset forfeiture allows the government to seize property it believes is connected to criminal activity, often before any charges are filed. If your assets are seized or frozen, you have the right to contest the forfeiture in a separate civil proceeding with its own filing deadlines. Failure to file a timely claim can result in the permanent loss of the property. Retaining counsel immediately after a seizure is important for preserving your options.

Contact the Law Offices of David Berg

If you are under investigation for money laundering, have been contacted by federal agents, or have received a grand jury subpoena, contact the Law Offices of David Berg for a confidential consultation.