Money laundering

Legal defence in money laundering cases

Money laundering (Article 49 of Law No. 129/2019) is punishable by 3–10 years. Letter a) concerns conversion or transfer with knowledge of the criminal origin, for the purpose of concealing it or helping the perpetrator evade liability. Letter b) concerns concealing or disguising the listed elements. Letter c), acquisition, possession or use, requires a person other than the perpetrator of the predicate offence. Attempt is punishable. Commission by a reporting entity in its professional activity constitutes the aggravating circumstance under paragraph (2¹). Not every possession of one’s own criminal proceeds automatically falls under letter c).

Analysis of the traceability of funds, absence of the subjective element and defence strategies

We establish the form under letter a), b) or c), the origin of the assets and knowledge of that origin. Conversion or transfer requires the express purpose; letter c) requires a perpetrator different from that of the predicate offence. Banking transactions alone do not prove all the elements.
The lawyer analyses the financial trail and the reporting-entity aggravating circumstance. Closure or acquittal in the predicate case does not automatically eliminate money laundering: the reason for the outcome and the evidence of origin matter. We challenge unfounded presumptions, disproportionate measures and blanket attribution of the entire activity to one person.

Urgent legal assistance in Romania

Money laundering cases are generally handled by specialised prosecutors’ offices (D.I.I.C.O.T., D.N.A. or prosecutors’ offices attached to tribunals) and begin abruptly with large-scale searches and the imposition of asset preservation measures of considerable severity (attachments of bank accounts, real estate or company interests), which can completely paralyse both your personal life and your company’s operations. Basuc Cosmin Law Office offers you immediate legal assistance and highly qualified representation throughout the criminal proceedings. We actively assist you at interviews before the prosecution authorities in Romania, lodge rigorous challenges to preventive measures and precautionary attachments, and provide an impeccable defence before competent tribunals, fighting with determination to lift restrictions on your assets and achieve the most favourable legal outcome.