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Federal Tax Crimes · · Last reviewed ·

Money Laundering Charges Tied to Tax Crimes: 18 U.S.C. § 1956

Stacks of cash and gavel representing money laundering prosecution
Quick Answer

18 U.S.C. § 1956 punishes financial transactions involving proceeds of "specified unlawful activity" — including federal tax crimes — with up to 20 years imprisonment per count. § 1956(a)(1)(A)(ii) reaches transactions designed to evade tax. Routinely charged alongside tax evasion to stack exposure.

Money laundering is a force multiplier in federal tax cases. Once tax fraud creates "proceeds," every subsequent financial transaction designed to conceal the source — moving funds between accounts, paying personal expenses through business accounts, withdrawing in structured amounts — supports a separate 20-year count. Defending these cases requires breaking the link between the underlying tax offense and the alleged laundering activity.

The Three Subsections

Section 1956 contains three principal offenses:

§ 1956(a)(1) — Domestic Money Laundering

Conducting a financial transaction with proceeds of specified unlawful activity, with intent to:

§ 1956(a)(2) — International Transfers

Transferring funds to or from the United States with similar intents.

§ 1956(a)(3) — Stings

Conducting transactions involving funds represented by law enforcement to be proceeds of specified unlawful activity.

Tax-Specific Application

§ 1956(a)(1)(A)(ii) reaches financial transactions specifically designed to evade tax on the proceeds. Common patterns:

The "tax evasion purpose" element distinguishes ordinary commerce from criminal laundering — but the bar is low. Almost any movement of fraud proceeds creates an inference of tax evasion intent.

Specified Unlawful Activity Includes Tax Crimes

Federal tax crimes under 26 U.S.C. § 7201, § 7206, and certain wire fraud cases are "specified unlawful activity" under § 1956(c)(7). Once the government proves the underlying tax offense, the proceeds become legally tainted.

This is why money laundering counts proliferate in tax indictments — every dollar moved after the false return becomes a potential laundering count.

The Concealment Element

For § 1956(a)(1)(B)(i) — concealment laundering — the government must prove the transaction was designed in whole or in part to conceal "the nature, the location, the source, the ownership, or the control of the proceeds." Important Supreme Court limitations:

These cases provide significant defense leverage in laundering prosecutions.

Sentencing Under § 2S1.1

USSG § 2S1.1 governs money laundering sentencing:

The grouping rules under USSG § 3D1.2 typically merge laundering counts with the underlying offense — but the laundering enhancement of 2-3 levels above the base offense is real.

Defenses

No Specified Unlawful Activity

If the underlying tax offense fails, the laundering counts fail. Defending the substantive tax case is the foundation of laundering defense.

No Concealment Purpose

Routine commercial transactions — paying suppliers, payroll, bills — are not laundering even when funded with tainted proceeds, unless the design was concealment.

Cuellar Defense

Mere transportation or transfer of funds, without concealment design, is not laundering.

Santos "Proceeds" Defense

"Proceeds" means profits, not gross receipts. In some cases, no profits exist — the entire scheme operated at a loss.

Statute of Limitations

5 years under § 3282 — but laundering can extend liability for older underlying tax offenses.

What to Do If You Are Under Investigation or Charged

  1. Do not speak with IRS Criminal Investigation (CI) agents without an attorney — even informally. Special agents are not auditors; they investigate crimes.
  2. Do not destroy or alter records — destruction can become obstruction under 18 U.S.C. § 1519 with a 20-year maximum.
  3. Locate and preserve all bank records, returns, ledgers, emails, and accountant correspondence.
  4. Discontinue the conduct — but do not amend returns or take corrective action without counsel; both can be used against you.
  5. Engage federal tax defense counsel immediately — call L and L Law Group at (214) 466-1398, available 24/7.

Frequently Asked Questions

How is money laundering different from tax evasion?

Tax evasion is concealing income from the IRS. Money laundering is conducting financial transactions with proceeds of an underlying crime. They are related but distinct — and routinely charged together.

Can a single transaction support multiple laundering counts?

Generally no — but sequential transactions with the same funds can each be counts. Layered transactions are common in indictments.

What is the difference between § 1956 and § 1957?

§ 1956 requires specific concealment or evasion intent — 20 years per count. § 1957 only requires a transaction over $10,000 with criminally derived property — 10 years per count, easier to prove.

Can I be acquitted of tax fraud but convicted of laundering?

Theoretically yes if the underlying SUA was a different offense (e.g., wire fraud). But laundering tied solely to tax fraud requires the underlying tax offense to be proven.

Does paying personal expenses with business funds always count as laundering?

No — only when the funds are proceeds of specified unlawful activity AND the transaction is designed to conceal source or evade tax. Routine commingling without concealment design is not laundering.

Speak With a Frisco Criminal Defense Attorney

If you or a loved one is facing federal tax crimes charges in Frisco, Collin County, or anywhere in the Dallas-Fort Worth metroplex, the time to act is now. L and L Law Group attorneys are available 24 hours a day, 7 days a week. Call (214) 466-1398 for a free, confidential consultation, or submit your case online and a licensed attorney will contact you directly.


This article is general information, not legal advice. Texas and federal criminal law are complex and fact-specific — please consult a licensed attorney about your particular situation. Past results do not guarantee future outcomes.

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