Financial crimeEnglish-speaking money laundering lawyer in Spain

You do not need to have committed the original crime

Under Spanish law it is enough to acquire, convert or transfer assets knowing they come from criminal activity. There is also a negligent form of the offence, which widens the exposure considerably, particularly for professionals such as agents, accountants and lawyers.

That is why people with no involvement in the underlying crime end up prosecuted: an account lent to a friend, a company used as an intermediary, a property paid for in cash.

Where the case is fought

• Documentary proof of the origin of the funds, traced end to end.
• Knowledge: awareness of the illicit origin cannot simply be presumed.
• Freezing and seizure orders, often granted early and disproportionately, which can be challenged.
• The indicators relied on by the prosecution: suspicious activity reports, unexplained wealth, atypical transactions.

Companies

The company itself can be prosecuted. An effective compliance programme in place before the facts is a defence recognised by statute. See also cybercrime and online fraud.

You do not need to have committed the original crime

Under Spanish law it is enough to acquire, convert or transfer assets knowing they derive from criminal activity. There is also a negligent form of the offence, which widens the exposure dramatically for professionals: agents, accountants, company formation agents and lawyers themselves.

That is why people with no involvement whatsoever in the underlying crime end up as defendants. An account lent to a friend. A company used as an intermediary. A property purchase paid partly in cash.

Where the case is actually decided

• Documentary proof of the origin of the funds, traced end to end. This is the heart of the defence and it is built with documents, not explanations.
• Knowledge. Awareness of the illicit origin cannot simply be presumed from the circumstances; it must be proved.
• Freezing and seizure orders, which are granted early, often on thin material, and are frequently disproportionate. They can and should be challenged, because their practical effect on your life is immediate.
• The indicators relied on by the prosecution: suspicious activity reports, unexplained wealth, atypical transactions.

Companies

The company itself can be prosecuted as a legal person, independently of its directors. An effective compliance programme, in place before the events, is a defence expressly recognised by statute, but only if it was real rather than a document in a drawer.

See also: tax fraud and cybercrime and online fraud.