What is money laundering and why is it illegal?

Money laundering is a form of white collar crime where a person or a company disguises the earnings from illegal activities and make it appear to be from legitimate sources. The term itself, laundering, refers to making the dirty money look clean. By doing so, criminals can easily deposit the money into financial institutions and without alerting law enforcement.

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Money laundering is done in three steps: placement, layering, and integration. Placement refers to the intention of gathering dirty money and introducing it to a financial system like a bank. Layering is the concealing of the money’s source through falsifying the origin through book keeping tactics and a fake front. Lastly, integration refers to the acquiring of the money through a fake front or through fake legitimate means.

There are many ways for criminals to launder dirty money. The most basic of which is using a legitimate cash-based front that’s usually owned by the criminal organization. In this modus, criminals inflate the daily cash receipts to make it appear that the establishment is earning more than what it is really earning, then deposit dirty money into the bank. These types of businesses are usually called fronts.

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Another way criminals launder money is called smurfing. Here, the criminal doesn’t deposit everything into one bank account. Instead, they break the amount into several smaller deposits and place them in separate accounts to avoid detection.

Some criminal organizations even go as far as transferring their money into offshore bank accounts where money-laundering laws are less strict. Criminal organizations can create shell companies where they can stash their profits.

Joe Tacopina, the founder and Managing Partner of Tacopina & Seigel, specializes in criminal, civil, and securities litigation. Mr. Tacopina is an attorney who has positioned himself well as a committed legal professional and an accomplished leader. To learn more about the law, visit this blog.

When is a search or seizure unlawful?

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Search and seizure are common law enforcement activities comprising an investigation. Lawful searches employ search warrants issued by a judge or a magistrate. However, there are cases when warrants are not required but are still considered lawful. If the search conducted was deemed unlawful, all evidence discovered within the said search will be inadmissible in court.

First off, we need to know when a search is lawful in the absence of a warrant. It begs reiteration that not all warrantless searches or seizure is unlawful. If law enforcement secures the consent to conduct a search, a warrant is not needed. Warrantless searches are also allowed during emergencies. For example, if a fleeing suspect has been seen entering an area or a home, police officers would not need a warrant to conduct a search. This is considered lawful because the criminal puts the lives of innocent people at risk.

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Search and seizure can also be done without a warrant if it is incidental to an arrest. For example, if a person is arrested in his home, law enforcers have the right to conduct a search of the suspect’s immediate surroundings for weapons that can be used against them.

Lastly, if a piece of evidence is showing in plain view, like drug paraphernalia on the passenger’s seat of a car, law enforcers are legally authorized to conduct a search. Police officers are also allowed to conduct searches and frisks if they have reasonable suspicion that you are armed during a traffic stop.

Apart from the above situations, all other forms of warrantless search are to be taken as unlawful.

Joe Tacopina is the founder and the Managing Partner of the Manhattan-based Law Offices of Tacopina & Seigel. He specializes in civil, criminal, and securities litigation. To learn more about the law, visit this blog.

Understanding criminal law: What you should know about false arrests

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False arrests are not uncommon in the United States. There are times when the police do not have the authority to make an arrest, and yet still do so. This is illegal and can have longstanding repercussions. Here are a few facts on false arrests.

1. Arrest warrants are required to make a legal arrest. Without a warrant, most arrests are false arrests. Warrants are issued by the court. There are bench warrants, which bounty hunters use to bring in people who skip bail.

2. Aside from police officers, other people who are authorized by the police powers act can make a legal arrest. However, if an unauthorized person claims to be making a legal arrest under the guise of the police powers act, then that is very likely to be a false arrest.

3. For an arrest to be legal, there should also be reasonable and probable cause.

4. For misdemeanors, non-criminal offenses, and summary convictions, an arrest may be made. However, the arrest is only done to identify suspects. The next step should be giving suspects a summons for a court appearance. Holding them longer is not part of the legal arrest.

5. Ordinary citizens may arrest a suspect who they catch red-handed committing a crime if the perpetrator attempts to flee the scene. However, if time has passed by, only a police officer with a warrant may arrest the said suspect.

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Joe Tacopina is the founder and the managing partner of the Manhattan-based Law Offices of Tacopina & Seigel. He specializes in civil, criminal, and securities litigation. Before entering private practice, Mr. Tacopina was a prosecutor in the Kings County District Attorney’s Office where he prevailed in 39 of 40 trials. For more insightful reads on the law, visit this blog.

Vetting The Defense Attorney

No one is entirely exempt from facing a legal battle at some point in his or her life. And while the idea of having to hire a defense attorney for, say, a seemingly irreconcilable dispute is a painful inconvenience, we nevertheless should be ready and know what to expect, if only to relieve ourselves of the stress, manage the hit on our reputation, and ensure that we are served justice.

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Yes, we essentially put our lives in the hands of a criminal lawyer when we hire one; it’s crucial then that we do not settle. Know first that the good defense attorney will offer free or low-cost consultation to be able to represent the client effectively. Don’t feel obligated to hire the first one you speak to. If the problem is a pressing one, immediately schedule meetings with more than one lawyer or law firm to find out the best fit for your situation.

Aside from the consultation, the good law firm will have high-profile attorneys backed by references, testimonials, and an overall great reputation. Spend time researching on the attorney’s past performance and look into his or her past (and won) cases. Just because you see a lawyer in commercials or ads doesn’t mean he or she is credible. Base your decision on how knowledgeable and ethical the lawyer is.

It goes without saying that you should opt for a criminal lawyer who has the most experience in handling a case similar to yours. This may be even more important than his or her reputation. Get an attorney that specializes in your case and ask them for the best strategy moving forward.

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Joe Tacopina the founder and Managing Partner of Tacopina & Seigel, specializes in criminal, civil, and securities litigation. Mr. Tacopina has tried more than 80 cases by the age of 42, earning him praises from the media as the hottest young criminal defense lawyer in New York. For similar reads, visit this blog.