confiscation of unlawfully obtained gains<\/a>, or a professional ban. <\/p>\n\nFraud is also recorded on the criminal record. This makes obtaining a VOG (Certificate of Good Conduct) and thus getting a (new) job more difficult. <\/p>\n\n
What is money laundering?<\/h2>\n\n
In short, money laundering is the process by which criminal money is given a seemingly legal origin. This can be done, for example, by spending a lot of cash, by conducting many transactions that conceal the original (criminal) origin of the money, or by investing the money in luxury goods such as cars and homes. <\/p>\n\n
What obligations arise from the Wwft? <\/h3>\n\n
The purpose of the Wwft (Money Laundering and Terrorist Financing Prevention Act) is \u2013 as the name suggests \u2013 to prevent, detect, and report money laundering and terrorist financing. The main obligations arising from this law are conducting client due diligence, reporting unusual transactions, a record-keeping obligation, conducting a risk assessment with an associated internal policy, and checking the Sanctions Act when entering into new relationships. The Wwft applies to financial institutions, professions with financial or legal services, traders in high-value goods, and, for example, real estate agents. <\/p>\n\n
What if you had no knowledge of the origin of the property? <\/h3>\n\n
When someone had no concrete knowledge of the (illegal) origin of a property or money, a conviction for money laundering can still follow. In that case, it may involve culpable money laundering: the perpetrator has no concrete knowledge of the illegal origin in that case, but should have known based on facts and circumstances. There must be a case of gross, significant carelessness. <\/p>\n\n
What if you possess property from your own crime, such as theft?<\/h3>\n\n
If you possess property or money originating from your own crime \u2013 for example, money in your account from fraud, or a car you have stolen \u2013 you are guilty of simple money laundering. For this, possessing the property with an illegal origin is sufficient. <\/p>\n\n
Can the Public Prosecution Service seize this property (e.g., money)? <\/h3>\n\n
Yes, in the event of suspicion of criminal offenses \u2013 and thus also in the case of money laundering \u2013 the Public Prosecution Service can place a (prejudgment) attachment on goods or money. Ultimately, a judge can decide that these goods are forfeited. That is to say: the money or goods become the property of the state. The (prejudgment) attachment serves to prevent the goods or money from being disposed of before the judge renders a verdict and decides that the goods are forfeited, or that the convicted person must pay a confiscation order. <\/p>\n\n
What punishment can you get for money laundering?<\/h3>\n\n
What punishment is imposed for money laundering depends on the precise money laundering acts, how long or how often this was done, and whether this is a first time. The size of the value that was laundered also plays an important role. The punishment can range from a fine to a prison sentence. Community service is also among the sanctions that can be imposed. <\/p>\n\n
Why is it wise to hire a lawyer if you are suspected of fraud or money laundering?<\/h2>\n\n
Suspects of fraud are often not caught ‘in the act’ like in a street fight. In many cases, the suspect receives a letter from the police or FIOD at home. This letter then contains ‘an invitation to come for a conversation’. It’s advisable to consult a lawyer from the first letter and before the interrogation. Your statement to the police is irreversible, so careful preparation is of great importance. A specialized lawyer can advise you on this and, if you wish, assist you during the interrogation. <\/p>\n\n
What are the Advantages of a Fraud Lawyer?<\/h2>\n\n
When you are suspected of fraud, it’s advisable to engage a specialized fraud lawyer. Fraud investigations are often technical in nature and one must always take into account that the Tax Authorities are keen to look into it. It is therefore important to be assisted by a lawyer who takes all aspects of your case into account in their advice. Weening Criminal Law Attorneys consists of a team of specialists, also with experience in fiscal criminal law. Your fraud case is therefore in good hands with us. <\/p>\n\n
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