Defence Against Money Laundering Allegations
In recent years, Section 261 of the German Criminal Code (StGB) on money laundering has been significantly expanded. As a result, investigations are steadily increasing, with banks and other institutions filing more and more suspicious activity reports.
Defence Against Money Laundering Allegations
Allegations of intentional or negligent money laundering can be raised very quickly – often simply because the investigating authorities cannot clearly determine the origin of assets.
Criminal Liability for Money Laundering under Section 261 of the German Criminal Code (StGB)
Section 261 of the German Criminal Code (StGB) defines the criminal liability for money laundering. In principle, anyone is liable to prosecution who obtains, stores, or conceals assets (of any kind) originating from unlawful acts.
all crimes approach
In the past, money laundering could only be prosecuted if it was linked to a specific catalogue of offences. Today, this restriction no longer applies: it is enough that the asset originates from any unlawful act – the so-called “all crimes approach.”
Assets of Unclear Origin
Assets of unclear origin are often seized and later confiscated if their lawful source cannot be proven. In practice, this can feel almost like a reversal of the burden of proof.
Confiscation Proceedings
Confiscation, including independent confiscation of assets, is becoming increasingly important. Independent confiscation can also be ordered against individuals who are not themselves accused of a criminal offence.
If you are confronted with allegations of money laundering, I am available to provide you with comprehensive advice. Do not hesitate to contact me.
Defence Against Money Laundering Allegations
Expertise in Money Laundering Cases
Individual Defence Strategy
FAQ – Frequently Asked Questions about Money Laundering
What Conditions Must Be Met for Money Laundering to Be a Criminal Offence under Section 261 StGB?
Section 261 of the German Criminal Code (StGB) is a complex regulation aimed at transactions involving tainted assets – that is, assets originating from unlawful acts. Typical conduct includes concealing, acquiring, or using such assets. The main goal of this provision is to keep tainted assets out of the legal financial system.
What Are the Possible Penalties if I Am Convicted of Money Laundering?
Sentencing in money laundering cases always depends on the individual circumstances. Under Section 261 (1) of the German Criminal Code (StGB), the court may impose a fine or a custodial sentence of up to five years. The decisive factor is the offender’s degree of culpability in the specific case.
What Does Negligent Money Laundering Mean?
Section 261 (1) of the German Criminal Code (StGB) generally requires conditional intent. Subsection (6) establishes the criminal liability for negligent money laundering. This refers to an aggravated form of negligence. Accordingly, anyone who fails, through gross negligence, to recognise the unlawful origin of an asset is also liable to prosecution.
Can Offences Committed Abroad Also Serve as a Basis for an Offence under Section 261 StGB?
Yes, Section 261 (9) of the German Criminal Code (StGB) provides for this. The inclusion of offences committed abroad is subject to complex, but far-reaching, requirements. In particular, this refers to European regulations and conventions.
What Defence Strategies Are Available Against Money Laundering Allegations?
On the objective level, such allegations can be refuted by demonstrating the lawful origin of the funds. On the subjective level, the elements of conditional intent or negligence can be contested. Criminal liability always requires personal culpability.
What Is an Independent Confiscation Procedure?
An independent confiscation procedure is aimed solely at confiscating assets, without any criminal allegations being brought against the person concerned. This may occur, for example, when assets are of unclear origin. The financial consequences can be far-reaching, as those affected are often required to prove the lawful origin of their assets to prevent confiscation.
Are Assets Related to a Money Laundering Offence Subject to Confiscation?
In principle, yes. Section 261 (10) sentence 1 of the German Criminal Code (StGB) provides for this. As a result, the financial consequences of a conviction for money laundering can be very serious.
Do You Have Specific Questions?
If you have any further questions, I will be happy to assist you. Please feel free to contact me.
