{"id":373263,"date":"2016-09-09T17:12:50","date_gmt":"2016-09-09T22:12:50","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/indiana-law\/indiana-money-laundering-laws.html"},"modified":"2018-03-07T00:00:00","modified_gmt":"2018-03-07T05:00:00","slug":"indiana-money-laundering-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/indiana-law\/indiana-money-laundering-laws.html","title":{"rendered":"Indiana Money Laundering Laws"},"content":{"rendered":"\n
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Indiana Money Laundering Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Even the most sophisticated illegal enterprise, whether it’s drug trafficking<\/a> or the sale of counterfeit goods, remains vulnerable with respect to how the proceeds are handled and recorded. Even the infamous gangster Al Capone<\/a>, who had the loyalty of the Chicago police and local politicians, eventually fell from grace after charges of tax evasion were filed against him. That is why many of these illegal operations turn to money laundering<\/a>, which is the process of "cleaning" their ill-gotten proceeds in attempt to create a legitimate facade.<\/p>\r\n

Countless methods have been used to launder money, including the transfer of funds to the bank accounts of other individuals; setting up legitimate, cash-intensive businesses (such as casinos and car washes) and reporting bogus earnings; or establishing so-called shell companies. Whatever method is used, the goal is to turn the proceeds from illegal activities into ostensibly legitimate assets.<\/p>\r\n

Indiana Money Laundering Laws at a Glance<\/h2>\r\n

Learn more about the basics of Indiana’s money laundering laws in the following table.<\/p>\r\n\r\n
Statute<\/b><\/td>\r\n

Indiana Code \u00a7 35-45-15-5<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Statutory Definition of Money Laundering<\/b><\/td>\r\n

A person that knowingly or intentionally (1) acquires or maintains an interest in, receives, conceals, possesses, transfers, or transports the proceeds of criminal activity; (2) conducts, supervises, or facilitates a transaction involving the proceeds of criminal activity; (3) or invests, expends, receives, or offers to invest, expend, or receive, the proceeds of criminal activity or funds that are the proceeds of criminal activity, and the person knows that the proceeds or funds are the result of criminal activity;
\r\ncommits money laundering.<\/p>\r\n<\/td>\r\n<\/tr>

Classifications & Penalties<\/b><\/td>\r\n
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  • Level 6 felony (6 mos. to 2 1\/2 yrs. in prison, up to a $10,000 fine)<\/p>\r\n<\/li>\r\n

  • Level 5 felony if the value of the proceeds or funds is at least $50,000, or<\/b> if the crime is committed with the intent of committing or promoting an act of terrorism (1 to 6 yrs. in prison, up to a $10,000 fine).<\/p>\r\n<\/li>\r\n

  • Level 4 felony if the value of the proceeds or funds is at least $50,000, and<\/b> the crime is committed with the intent of committing or promoting an act of terrorism (2 to 12 yrs. in prison, up to a $10,000 fine).<\/p>\r\n<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Defenses<\/b><\/td>\r\n
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  1. The person acted with intent to facilitate the lawful seizure, forfeiture, or disposition of funds or other legitimate law enforcement purpose under Indiana or United States law.<\/li>\r\n
  2. The transaction was necessary to preserve a person’s right to representation.<\/li>\r\n
  3. The funds were received as bona fide legal fees by a licensed attorney and, at the time of the receipt of the funds, the attorney did not have actual knowledge that the funds were derived from criminal activity.<\/li>\r\n<\/ol>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

    Note:<\/b> State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

    Indiana Money Laundering Laws: Related Resources<\/h2>\r\n