Definition of Money Laundering
Money laundering is a crime that can entail significant penalties. In addition to the Money Laundering Act, which is directed at obligated parties, the offence of money laundering in the Criminal Code applies to everyone. While the Criminal Code penalizes money laundering, the Money Laundering Act aims to prevent crimes through preventive measures. Section 261 of the Criminal Code does not contain a definition of the term money laundering, which is why understanding the notification of a criminal investigation is particularly difficult for those affected. Common approaches to explaining and attempting to define what constitutes money laundering typically use the so-called "Three-Phase Model," namely "Placement, Layering, and Integration."
Number of police-recorded cases of money laundering in Germany sharply increased
While the number of police-recorded cases of money laundering in Germany was 8,569 in 2011, the number in 2022 was 22,614. One reason for this increase is the legal change in 2021, which eliminated the catalogue of predicate offences required for money laundering. This catalogue of predicate offences was removed from the norm with effect from March 18, 2021, and henceforth, any conceivable unlawful act became a suitable predicate offence. This includes negligence offences and attempted criminal offences. However, transactions related to cryptocurrency exchanges often lead to premature actions by banks (e.g., account freezing) and law enforcement agencies (e.g., arrest warrants and police summons), which should only be addressed with the assistance of a specialist lawyer in banking law.
Better rely on a specialist lawyer who wins in court
Benjamin Hasan is a specialist lawyer for banking and capital markets law. In his more than ten years of experience as a lawyer, he combines the expertise of a litigation-experienced specialist lawyer in banking law with that of a bank manager. Depending on the specific needs, he represents those affected both criminally against law enforcement agencies and civilly against financial service providers, if it seems appropriate, because there is no measure by the public prosecutor's office to secure assets yet (e.g., §§ 111e, 111f, 111k StPO). In the event of a criminal investigation, he outlines legal options. If you have already received a summons from the criminal police due to suspicion of money laundering and "concealment of unlawfully obtained assets," you should not waste any more time. We fight for our clients nationwide with the utmost dedication!
Media report on our courtroom victories
The media (N-TV, Zeit online, Handelsblatt, Börsenzeitung, etc.) report on our work and trust our expertise in matters of money laundering. By putting your trust in our experience from hundreds of trials as well as our bank-specific expertise, this can make the crucial difference in money laundering investigations. For further information, examples of our successes, and immediate personal contact with a specialist lawyer in banking law, please visit the link provided in this article, in our clients' reviews, or here:
www. k o n t o s p e r r e. eu
The content of this article is valid as at the date of its first publication. It is intended to provide a general guide to the subject matter and does not constitute legal advice. We recommend that you seek professional advice on your specific matter before acting on any information provided. For further information or advice, please contact Benjamin Hasan, Partner at our Frankfurt Office, Tel +49 69 247 428 444 or email Benjamin.hasan@kyprianou.com
