Money Laundering Lawyer in Winston-Salem

North Carolina’s Money Laundering Statute

North Carolina’s money laundering law, N.C. Gen. Stat. § 14-118.8, enacted under Session Law 2024-22, makes it a crime to knowingly and willfully acquire, conceal, transfer, invest, or transact proceeds of criminal activity or funds exceeding $10,000. The statute lists seven distinct prohibited acts, including concealing or transporting criminal proceeds, financing activity believed to be tied to crime, and conducting a transaction specifically to avoid a federal financial reporting requirement, a practice known as structuring.

The knowledge requirement is central to any charge under this statute. The government must prove the defendant knew the nature of the underlying criminal activity, and that element is also where defenses often begin.

Felony classification depends on the value of the funds involved:

• Class H felony if the proceeds or funds are valued under $100,000
• Class C felony if the proceeds or funds are valued at $100,000 or more

Proceeds from a related scheme or continuing course of conduct may be aggregated to reach these thresholds, meaning the government can combine multiple transactions to push a case into the higher felony class. Property used in or derived from a violation is subject to forfeiture, and each violation stands as a separate offense that doesn’t merge with other charges. Conspiracy to commit the offense carries the same punishment as the completed act.

One statutory defense applies: a person who acted with intent to facilitate a lawful seizure, forfeiture, or other legitimate law enforcement purpose may have a defense under the statute itself.

Federal Money Laundering Charges in Forsyth County

Federal money laundering is primarily governed by two statutes. 18 U.S.C. § 1956 criminalizes conducting a financial transaction involving proceeds of specified unlawful activity with intent to promote that activity or conceal its source. Conviction can carry up to 20 years in prison and fines up to $500,000 or twice the value of the property involved, whichever is greater. “Specified unlawful activity” refers to the list of predicate offenses, such as drug trafficking, fraud, or embezzlement, from which the laundered funds must derive.

18 U.S.C. § 1957 covers monetary transactions of more than $10,000 in criminally derived property through a financial institution. Unlike § 1956, it doesn’t require proof of intent to conceal. Penalties can reach 10 years in prison and fines up to $250,000 or twice the transaction value. Conspiracy to commit money laundering under 18 U.S.C. § 1956(h) carries the same penalties as the completed offense.

Cases arising in Forsyth County are heard in the Winston-Salem Division of the U.S. District Court for the Middle District of North Carolina. IRS Criminal Investigation has investigative jurisdiction over these offenses, as do other federal agencies depending on the underlying predicate crime. Financial institutions are required to file Suspicious Activity Reports with FinCEN when they detect transactions suspected of involving money laundering, and those reports can trigger a federal investigation long before any arrest occurs.

Common Defenses in Money Laundering Cases

Because both the state statute and federal law may require proof that the defendant knew the funds were connected to criminal activity, lack of knowledge is one of the most direct defenses available. If there’s insufficient evidence that you were aware of the illegal origin of the funds, the government may not be able to establish the required mental state.

Other defenses include challenging whether the government can prove the aggregated value of proceeds meets the $10,000 or $100,000 statutory thresholds, which can affect whether a charge is reduced in classification or dismissed entirely. Procedural violations, including unlawful searches and seizures of financial records, can also be grounds for suppressing evidence. We examine the facts of each case to determine which defense avenues apply and where the government’s case is most vulnerable.

What to Do If You’re Under Investigation

Money laundering investigations often begin well before any arrest. Subpoenas, frozen bank accounts, or grand jury activity may signal that law enforcement is building a case. If federal agents or investigators contact you about financial transactions, don’t provide a statement or answer questions before speaking with an attorney.

Early involvement by a defense attorney can preserve options that may disappear once charges are filed. We can assess the stage of an investigation, identify vulnerabilities in the government’s approach, and engage with prosecutors at a point where the outcome may still be shaped. The Bank Secrecy Act and FinCEN reporting requirements create a paper trail that investigators use to reconstruct financial activity, which is why understanding what the government may already have is a critical first step. Call us at (336) 515-6552 to schedule a consultation.