Understanding Money Laundering Charges in Massachusetts
Facing money laundering charges under Massachusetts state law is a serious matter that can carry life-altering consequences. However, a charge is not a conviction. Understanding the law and the legal standards the Commonwealth must meet is the first step in building a robust defense.
In simple terms, money laundering occurs when someone knowingly handles money or property that originated from criminal activity.
Under Massachusetts law, you can be charged with this crime if you are accused of:
- Transporting or possessing illegal funds to help further a crime.
- Conducting transactions designed to hide where the money came from, who owns it, or to avoid government reporting requirements.
- Organizing or supervising others who are moving or “cleaning” illegal money.
Crucially, the law doesn’t just apply to the person holding the cash; it can also target those who manage, fund, or oversee these transactions if they knew, or a “reasonable person” should have known, the money was derived from a crime.
Statutes
The primary law governing these offenses is G.L. c. 267A, § 2. This statute outlines the specific criteria the prosecution must prove to secure a conviction for money laundering.
Elements of Money Laundering
To be found guilty of money laundering in Massachusetts state court, the prosecution must prove beyond a reasonable doubt that a person knowingly performed one of the following:
- Promotion: Transported or possessed property derived from crime with the intent to facilitate further criminal activity.
- Concealment: Engaged in a transaction involving “dirty” money intended to:
- Hide the nature, source, or ownership of the property.
- Avoid state or federal transaction reporting requirements.
- Management: Directed, financed, or supervised the transportation or transaction of property that they knew (or should have reasonably believed) was derived from criminal activity.
Notable Cases
Massachusetts courts have refined how these laws are applied in real-world scenarios:
- Commonwealth v. Braune (2019): The Supreme Judicial Court clarified that “intent to conceal” can be proven through patterns, such as “structuring” deposits (keeping them just under reporting thresholds) or using third parties to hide the true owner’s identity.
- Commonwealth v. Lee (2024): This case established an important distinction for the defense: money laundering is separate from the initial theft. To be convicted of laundering, the transaction must involve proceeds from prior criminal activity, not just the act of the theft itself.
Punishment
The penalties for money laundering in Massachusetts are severe and designed to be punitive:
| Offense | Potential Prison Time | Potential Fines |
| First Offense | Up to 6 years in state prison | Up to $250,000 or 2x the value of the property |
| Subsequent Offense | 2 to 8 years in state prison | Up to $500,000 or 3x the value of the property |
There is Hope for Your Defense
While the penalties are steep, money laundering cases are often complex and rely heavily on the prosecution’s ability to prove intent and knowledge.
Defenses often center on showing that you lacked the specific intent to conceal funds, or that you were unaware of the criminal origins of the property. Because these cases are document-heavy and technically nuanced, a meticulous review of financial records can often reveal flaws in the Commonwealth’s narrative.
Act Quickly to Protect Your Future
If you are under investigation or facing money laundering charges, time is of the essence. The government often begins freezing assets and building their case long before an arrest is made. Engaging a defense team early allows us to protect your rights, secure vital evidence, and begin challenging the prosecution’s claims before they gain momentum.
Contact our office at 781-797-0555 today for a confidential telephone consultation. Let’s start building your defense.
