Facing a money laundering investigation, especially when it involves foreign jurisdictions and complex financial flows, represents one of the most delicate challenges in today's legal landscape. As a criminal lawyer operating in Milan, one of Europe's most important financial centers, I perfectly understand the level of concern and stress that arise from being notified of a notice of investigation or a precautionary measure in this area. International money laundering charges not only affect personal freedom but can devastate the professional reputation and assets of an individual or company in a very short time.

The crime of money laundering in an international context

The crime of money laundering, governed by Article 648-bis of the Italian Penal Code, punishes anyone who substitutes or transfers money, goods, or other assets originating from a non-negligent crime, or carries out other operations related to them, in a way that obstructs the identification of their criminal origin. When these actions cross national borders, we are faced with so-called transnational money laundering. In these scenarios, the complexity of the defense increases exponentially as Italian judicial authorities use international cooperation tools, such as letters rogatory and the European Investigation Order (EIO), to trace capital abroad.

Current legislation is extremely strict and pervasive. Investigations are often based on suspicious transaction reports (STRs) transmitted by the Financial Intelligence Unit (FIU) and can involve tax havens or countries with different banking regulations. It is crucial to understand that for the charge of money laundering, it is not always necessary for the perpetrator of the laundering to have participated in the predicate offense (e.g., tax evasion or fraud), but awareness of the illicit origin of the funds is sufficient. This aspect makes the position of the investigated person particularly vulnerable if not supported by impeccable technical defense.

Studio Legale Bianucci's approach to criminal defense

The approach of Avv. Marco Bianucci, a lawyer specializing in corporate and financial criminal law in Milan, is distinguished by a proactive and analytical defense strategy. In cases of international money laundering, the defense cannot be limited to legal arguments in court alone, but must necessarily include a deep technical analysis of the disputed financial flows. Our firm collaborates with independent technical consultants and accounting experts to reconstruct the legitimate origin of the capital and dismantle the prosecution's hypothesis at its root.

The defense strategy is structured on several levels. Firstly, we verify the existence of the so-called 'predicate offense': if there is no certain proof of the crime from which the money allegedly derives, the money laundering charge may falter. Secondly, we analyze the legality of the evidence gathered abroad, verifying compliance with procedures in international letters rogatory and the admissibility of the acts in the Italian proceedings. The objective of Avv. Marco Bianucci is to ensure that every right of the investigated person is protected, countering investigative automatisms that often confuse legitimate tax planning operations with illicit money laundering activities.

Frequently Asked Questions

What are the risks for someone convicted of international money laundering?

The penalty provided by art. 648-bis of the Penal Code is imprisonment from four to twelve years and a fine that can reach up to 25,000 euros. However, if the act is committed in the exercise of a professional activity (such as banking or financial), the penalty is increased. Furthermore, in cases of transnationality, a specific aggravating circumstance may apply, leading to a further increase in the penalty, in addition to the confiscation of the assets that are the subject of the crime or of equivalent value.

How do investigations with international letters rogatory work?

When the Italian Public Prosecutor's Office suspects that funds have been transferred abroad, it requests the cooperation of the judicial authority of the foreign country through a letter rogatory. This tool allows for the acquisition of banking documents, the hearing of witnesses, or the execution of seizures across borders. As a criminal lawyer, my task is to verify that this procedure has been carried out in compliance with international treaties and the rights of the defense, raising any nullities that could render the collected evidence unusable.

Can one be accused of money laundering for tax evasion?

Yes, this is a very frequent scenario. If the money transferred or reinvested is the result of criminally relevant tax evasion (predicate offense), subsequent operations aimed at concealing its origin can constitute the crime of money laundering. However, the defense will work to demonstrate the possible absence of the psychological element (intent) or the non-punishability of the conduct if it falls within so-called non-punishable self-laundering, depending on the specific circumstances of the case.

What should I do if I receive a notice of investigation for money laundering?

The first rule is to remain silent with the investigators until you have consulted your technical defense. It is crucial to contact an expert lawyer immediately to examine the documents and define the strategy. Making spontaneous statements without knowing the evidence held by the prosecution can irreparably compromise the defense line.

Request a legal consultation in Milan

Accusations of international money laundering require specific technical expertise and in-depth knowledge of transnational investigative dynamics. If you are involved in such an investigation or fear you might be, do not leave anything to chance. Avv. Marco Bianucci is at your disposal to analyze your position with the utmost confidentiality and professionalism.

Contact Studio Legale Bianucci at its Milan office at Via Alberto da Giussano, 26, to schedule an appointment and structure your defense.