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State and Local Money Laundering Prosecution: A Profile

NCJ Number
160336
Author(s)
M P Cohen
Date Published
1993
Length
80 pages
Annotation
Following a discussion of why the prosecution of money laundering is crucial to countering drug trafficking, this paper profiles California's money-laundering enforcement efforts and draws lessons from that State's experience.
Abstract
The description of California's money-laundering prosecution first outlines the statutory scheme upon which prosecutory efforts are based, followed by a description of the structure and operations of the California Attorney General's Office designed to facilitate the prosecution of money laundering. Particular attention is given to the work of the Monterey District Attorney's Office. Although California has had a money laundering statute for only a few years, the Department of Justice and a number of district attorney offices have already shown the law's utility. Based on California's experience, this paper recommends the creation of statutory authority, criminal and civil, to reach the full scope of money laundering activities; this includes a civil-forfeiture provision and a civil RICO component, with money laundering as a RICO predicate. Other recommendations are financial-investigations training for unit personnel and allied agencies; a manual that includes tested charging documents, search warrants, model arguments, etc.; the capability to use Bank Secrecy Act data to focus investigations; the availability of an auditor to use innovative law enforcement investigative approaches; and a good relationship with the State's financial community. Appended relevant legislation and money-laundering case studies