A federal investigation into money laundering rarely starts with an arrest. It starts quietly: a subpoena to your bank, a target letter, an account that suddenly won’t process a transfer. If you’re looking for a Miami money laundering or racketeering lawyer, the moment to start building a defense is now, before the paper trail hardens into an indictment.
Federal prosecutors don’t have to prove you knew exactly where the money came from, only that you knew it was tied to some crime, which is a lower bar than most people expect. Forfeiture can also move before a single count is proven, meaning bank accounts, property, and business assets can be frozen while the case is still being built.
That’s the kind of case Jeffrey S. Weiner, P.A. takes apart for a living. In September 2023, the firm’s founder got a client’s felony charges (one racketeering count and six related conspiracy counts) resolved in the Georgia case connected to Donald Trump, with the client pleading guilty to misdemeanors alone. Prior results do not guarantee similar outcomes.
Contact our Miami money laundering & racketeering attorneys to discuss your case.
According to federal statute 18 U.S.C. §1956, money laundering is an illegal activity defined as taking the proceeds of criminal activity and using financial transactions to disguise or hide the illegally obtained money in order to make the money appear legal.
Federal money laundering is prosecuted under two separate statutes, and the difference between them often decides how a case is defended.
Our attorneys have tried cases in more than 25 states and argued before the Florida Supreme Court and the United States Supreme Court. Wherever your case stands right now, we've likely stood there before — with a client's freedom on the line.
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Under 18 U.S.C. § 1956, the government must prove you knew the money came from crime and that you moved it with one of four specific intents: to promote the underlying crime, to hide where the money came from, to dodge a reporting rule under state or federal law, or to avoid paying federal income tax.
A conviction under § 1956 carries up to 20 years in federal prison and a fine of up to $500,000, or twice the value of the property involved, whichever is greater.
Under 18 U.S.C. § 1957, the bar is lower for prosecutors in one important way: they do not have to prove you intended to conceal anything. They only have to show you knowingly engaged in a transaction of more than $10,000 using money that came from a felony. Because concealment is not an element, § 1957 is often used when agents cannot prove intent under § 1956 but can still point to a large deposit, purchase, or wire transfer.
A § 1957 conviction carries up to 10 years in prison and a fine of up to $250,000, or twice the transaction value.
Both statutes require the money to come from a “specified unlawful activity” (SUA). This is a defined list of underlying crimes that includes drug trafficking, wire and bank fraud, bribery, and healthcare fraud, among others. Whether a case is charged under § 1956 or § 1957, and which SUA the government picks as the source crime, changes the sentencing exposure and the evidence the defense has to confront.
Nationally, individuals sentenced for federal money laundering offenses received an average sentence of 69 months in fiscal year 2025.
Money laundering is both a federal and a state crime. In Florida, money laundering is governed by Florida Statute § 896.101. Under Florida state law, money laundering requires that a person knows that the source of the money is illegal and conducts, or attempts to, conduct a financial transaction involving this money.
Florida grades the offense by the dollar amount moved in a one-year period:
The majority of complex money laundering cases are addressed in federal court, rather than state court, because federal investigators and prosecutors typically have more time and resources to devote to these cases than their state counterparts do. Federal and Florida penalties are both severe. A federal § 1956 conviction tops out at 20 years, but Florida’s own first-degree felony tier for money laundering carries up to 30 years in state prison.
Both federal and state law require some type of knowledge or intent on the part of the people involved in the alleged criminal act, but this area of the law is very complex, so it is essential to be represented by an experienced criminal defense lawyer.
The attorneys at Jeffrey S. Weiner, P.A. have over 50 years of experience representing individuals accused of money laundering, racketeering, and related crimes in both state and federal court.
Money laundering used to be a criminal offense that was more commonly associated with organized crime operations. Today, however, money laundering is often related to white-collar criminal activities, including racketeering, public corruption, embezzlement, structuring, and organized fraud. Because money laundering involves using financial transactions to disguise or hide illegally obtained money, it often involves funds obtained through: Drug crimes, fraud, embezzlement, theft, or bribery. If you are facing money laundering charges, it is likely that you are also the subject of additional criminal charges that could subject you to harsh punishment.
Racketeering refers to the act of acquiring a business operation through illegal activity, operating a business with illegally derived income, or using a business operation to commit illegal acts.
Federal crimes of racketeering include bribery, various fraud offenses, insider trading, gambling offenses, cyber extortion, money laundering, a number of financial and economic crimes, smuggling weapons, counterfeiting, obstructing justice or a criminal investigation, murder for hire, and sexual exploitation of children.
At the state level, racketeering includes crimes such as murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, and drug crimes.
The Racketeer Influenced and Corrupt Organizations Act (RICO) was developed specifically to address the activities of the Mafia and other organized criminal organizations or enterprises. It has since been redefined into a broad tool for law enforcement against organizations, including legitimate businesses.
A seemingly innocent business or personal transaction can potentially result in:
Facing felony charges in a United States District Court involving money laundering or racketeering (RICO) allegations is not the same as facing charges in state court. There are very different rules of procedure in federal court that require a trial lawyer admitted to practice in federal court with knowledge of the system to negotiate or try a case to a satisfactory conclusion. The attorneys at Jeffrey S. Weiner, P.A., offer a deep understanding of the intricacies of criminal litigation in both federal and state courts.
A federal RICO conviction under 18 U.S.C. § 1962 is punished under 18 U.S.C. § 1963 by up to 20 years in prison per count, or life in prison if one of the predicate acts itself carries a life sentence, such as murder or large-scale drug trafficking.
RICO forfeiture is mandatory once a person is convicted, meaning the court must order forfeiture of any interest in the enterprise and any property obtained through the racketeering activity, regardless of state law. Under the federal sentencing guidelines, a RICO conviction starts at a base offense level of 19, but if the underlying crimes carry a higher guideline level of their own (for example, drug trafficking or large-scale fraud), the court uses that higher number instead. In practice, level 19 is usually just a floor, not the real starting point.
Florida’s RICO Act works the same way at the state level. A violation of Florida Statute § 895.03 is a first-degree felony under § 895.04, punishable by up to 30 years in Florida State Prison. The standard fine is up to $10,000, though the court can instead choose to impose a fine of up to three times the financial gain or loss involved, if that amount is higher.
In many cases, money laundering and racketeering allegations involve interstate and offshore interests, requiring an attorney able to represent you in other states or other countries. We have represented clients in every state throughout the United States and in countries all over the world including, but not limited to, England, Russia, Spain, Panama, Guyana, Paraguay, Brazil, Italy, Colombia, and South Africa.
Additionally, Attorney Jeffrey S. Weiner maintains a multi-lingual staff and professional forensic interpreters for Spanish-speaking clients. We proudly represent the Hispanic community and are able to communicate effectively in Spanish while working with local counsel in Mexico, Bolivia, Colombia, Costa Rica, the Dominican Republic, Peru, Spain, Venezuela, and all of Latin America.
Most South Florida money laundering and RICO cases that involve serious dollar amounts are brought by the U.S. Attorney’s Office for the Southern District of Florida, which houses a dedicated International Narcotics and Money Laundering Section focused on Caribbean and Latin American trafficking proceeds moving through Miami.
These cases are heard in the U.S. District Court for the Southern District of Florida in Miami. The U.S. Department of the Treasury’s most recent national risk assessment repeatedly points to South Florida cases as examples of the country’s most significant money laundering prosecutions.
Serving Criminal Defense Clients for Over 50 Years
Money laundering is moving or hiding the proceeds of a crime to make them look legal. Racketeering is running or profiting from an enterprise through a pattern of crimes, and money laundering is often one of the crimes used to prove it.
Yes. Federal and state prosecutors can both bring charges for the same transactions, and the order in which they proceed can affect your defense strategy.
No. Under most federal and Florida money laundering statutes, the government only needs to prove you knew the funds came from some type of criminal activity, not the specific crime.
Yes. Federal and Florida law both allow forfeiture of property connected to money laundering or racketeering, and in RICO cases forfeiture is mandatory upon conviction.
Politely decline to answer questions and contact a criminal defense attorney first. Anything you say can be used to build a § 1956 or § 1957 case against you.
Yes. RICO was written for organized crime, but courts apply it to legitimate businesses when prosecutors allege the business was used to commit or launder proceeds from a pattern of crimes.
Large-dollar, multi-jurisdictional, or international cases are usually charged federally in the Southern District of Florida. Smaller, single-jurisdiction cases are more likely to stay in Florida state court.
It varies widely. Financial investigations often run for months or years while agents trace transactions, so contacting a lawyer as soon as you learn of an investigation gives your defense the most time to work.
Federal money laundering and racketeering investigations move quickly once agents start tracing a paper trail, and decisions made in the first few weeks can shape the entire case. If you are facing money laundering or racketeering charges, call our attorneys at (305) 670-9919.
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