Can an Attorney Be Guilty of Money Laundering?

Yes, an attorney can be guilty of money laundering under California Penal Code section 186.10, if an attorney accepts a fee for representing a client in a criminal investigation or proceeding and does so with the intent to disguise the source of the funds or the nature of the criminal activity, the attorney has committed money laundering.  An attorney can be convicted under California Health and Safety Code § 11370.6  when the attorney accepts fees derived from the unlawful sale, possession, or manufacture of controlled substances. The prosecution must prove that the attorney accepted the fees with the intent to participate in or disguise the unlawful conduct.

Rights of a Defendant to Hire the Best Criminal Defense Attorney

There are many best criminal defense attorneys but to a person charged with a crime, his choice is the best.   To protect the defendant's right to hire an attorney by choice and not be forced to accept a court appointed public defender, the statute does place a burden on the prosecution and requires the prosecution to prove that the attorney accepted the funds with the intent to participate in the unlawful conduct or disguise the source of the funds.

n high-profile drug cases, legal fees can be significant because investigation, document management, paralegals and multiple attorneys can create 6 and 7 figure legal bills.  The attorney who is hired on this case does not ONLY risk prosecution.  The attorney can work for a year and then be forced to forfeit the payments.  

 Criminal Defense Specialist Daniel Horowitz is a Top 100 rated trial lawyer with extensive experience in over 200 jury trials and thousands of evidentiary hearings. He is a former law school professor and television legal commentator with experience in U.S. and international cases.