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Bufete de abogados penalistas Alonso Sala
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Money Laundering Defense

High-complexity criminal defense in money laundering crimes (Art. 301 CP). We protect your assets against confiscation and preventive freezing.

Analysis of the Money Laundering Crime (Art. 301 CP)

The crime of money laundering protects the socioeconomic order by preventing money generated by crime from being integrated into the legal economy. Article 301 of the Penal Code punishes anyone who "acquires, possesses, uses, converts, or transmits assets, knowing that they have their origin in specific criminal activity".

In the last decade, this crime has become the "atomic bomb" of Economic Criminal Law. Its broad wording allows courts to prosecute not only those who actively launder money but anyone who benefits from it or helps hide it. The key to defense lies not so much in denying the facts, but in dismantling the knowledge (intent) regarding the illicit origin and attacking the chain of circumstantial evidence.

sync_altConversion

Transforming dirty money into legal assets (buying real estate, cars, crypto) to break the trail.

visibility_offConcealment

Hiding true ownership through figureheads, shell companies, or offshore trusts.

Self-Laundering: The Line Between Enjoying Crime and Laundering Money

lightbulbIs buying bread with stolen money laundering? No. It is "exhaustion" of the crime. Buying a hotel to mix funds? Yes. That is self-laundering.

One of the most complex issues is "self-laundering". Until 2010, in Spain, you could not be convicted for stealing and then laundering that money. Now you can. However, the Supreme Court has set limits to avoid "ne bis in idem" (punishing twice for the same thing).

Our defense focuses on proving that the use of funds was mere enjoyment or advantage (exhaustion of the predicate offense) and not a complex financial maneuver intended for concealment. If there is no intent to hide the origin to reintroduce it into legal traffic, there should be no conviction for laundering.

Reckless Laundering: When Ignorance is a Crime

Article 301.3 CP allows conviction for laundering even if one did not know for sure that the money was dirty. "Gross negligence" is enough. This is critical for businessmen, bankers, jewelers, and real estate agents (Obligated Subjects).

If you accepted a millionaire investment in cash or from a tax haven without performing due diligence (KYC), the judge may consider that you breached your most elementary duties of care, facilitating laundering. We defend these cases by proving that the operation had an appearance of commercial normality and that standard diligence protocols were followed.

Crypto-assets, Mixers, and DeFi: The New Front

The UDEF and the Cybercrime Prosecutor's Office focus on the use of cryptocurrencies. Crypto laundering is done through "digital smurfing", use of Mixers (like Tornado Cash), and jumps between Blockchains (Bridges).

  • encrypted
    Mixers & TumblersUsing mixers is the #1 indication of intent for the Prosecution. We must justify usage for privacy, not concealment.
  • encrypted
    Privacy Coins (Monero/Zcash)Their anonymous design reverses the burden of proof. Requires extreme traceability expertise.
  • encrypted
    NFT Wash TradingBuying NFTs from oneself to simulate capital gains and justify illicit assets.

Related Services

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Self-Laundering & Exhaustion

Technical defense when the author of the predicate offense launders their own funds. The distinction between "enjoyment" and "laundering".

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Crypto-Laundering

Defense in investigations involving Mixers, DeFi, and Privacy Coins. Blockchain forensic traceability.

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SEPBLAC Defense (Obligated Subjects)

Representation of notaries, jewelers, real estate agencies, and banks in sanctioning proceedings for lack of due diligence.

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Offshore Structures

Defense in macro-cases involving international corporate webs, trusts, and tax havens.

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Circumstantial Evidence: The Enemy to Beat

In money laundering, it is rare to catch the criminal "red-handed". Therefore, the Supreme Court allows conviction based on "indicia". Our defense strategy consists of offering a reasonable alternative explanation (counter-indicia) for each of these elements:

Asset Increase

Justifying every euro with historical traceability.

Non-existent Business

Proving the economic reality of the activity.

Criminal Links

Disassociating the client from criminal environments.

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Don't let them block your life

Account freezing is a devastating precautionary measure. At Alonso Sala, we act within the first 24 hours to request partial unfreezing and ensure your defense capacity and subsistence.

Request Urgent Unfreezing
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FAQs - Money Laundering

What exactly is money laundering?expand_more
It is the process of giving an appearance of legality to assets or money obtained from criminal activities (drug trafficking, fraud, corruption). Art. 301 of the Penal Code punishes the acquisition, conversion, or transmission of these assets knowing their illicit origin.
What is 'self-laundering'?expand_more
It occurs when the same person who committed the original crime (e.g., selling drugs) performs acts to launder that money. The Supreme Court distinguishes between mere 'self-consumption' (not punishable) and concealment maneuvers (punishable).
Can I commit laundering unknowingly (recklessness)?expand_more
Yes, 'reckless laundering' (Art. 301.3 CP) punishes those who do not know the illicit origin but act with 'willful blindness' or gross negligence, especially if they are obligated subjects (banks, notaries).
What is smurfing?expand_more
Breaking down large sums of dirty money into multiple small deposits (e.g., €900) to avoid bank controls of €1,000 or €10,000. Current algorithms detect this immediately.
Is it a crime to have an account in Switzerland?expand_more
No, holding money abroad is legal if declared (Form 720). What is illegal is if that money comes from a crime or has not been declared to the Tax Agency (Tax Fraud).
What role does SEPBLAC play?expand_more
It is the Spanish financial intelligence unit. It receives alerts from banks and notaries about suspicious operations. If they detect criminal indications, they send the report to the Prosecutor, initiating criminal proceedings.
What is 'circumstantial evidence' in a trial?expand_more
Since direct proof is rare (no one signs a receipt for 'drug money'), judges use indicia: unjustified asset increase, use of figureheads, shell companies, or tax havens.
How do cryptocurrencies affect laundering?expand_more
The use of Mixers or private coins (Monero) is considered strong evidence of concealment. The defense must prove the lawful traceability of every Satoshi through forensic expertise.
What is a 'money mule'?expand_more
A person who receives illicit money in their account and forwards it to another for a commission. They are often recruited with fake job offers but can be convicted of laundering.
What is the penalty for basic laundering?expand_more
Prison from 6 months to 6 years and a fine of up to triple the value. Example: if you launder 1 million, the fine can be 3 million euros.
When is the penalty aggravated?expand_more
If the money comes from drug trafficking, urban corruption, or bribery, the penalty is imposed in its upper half. Also if it belongs to a criminal organization.
What happens to my assets (Confiscation)?expand_more
Confiscation is the definitive loss of assets. The law allows 'extended confiscation': if convicted, they assume ALL your suspicious assets are illicit unless proven otherwise.
Does money laundering expire?expand_more
Laundering is a 'permanent crime' according to the Supreme Court: as long as you possess the laundered asset, the crime is being committed day after day, so the statute of limitations does not start running.
What liability do companies have (Compliance)?expand_more
Legal entities can be criminally charged for laundering if they lacked controls. The penalty can be the dissolution of the company. A Compliance Program is the only defense.
What is 'Willful Blindness'?expand_more
Doctrine that convicts those who 'do not want to know' the origin of the money to benefit. 'He who puts on a blindfold not to see, for criminal purposes, sees'.
Is it a crime to pay for a house in cash?expand_more
In Spain, paying more than €1,000 in cash between business owners is prohibited. Doing so is not laundering per se, but it is a serious administrative offense and triggers all laundering alarms.
What is 'chain' laundering?expand_more
When money passes through multiple transfers and countries to lose the trail. Every link that helps move the money creates a crime.
What defense does a lawyer have who gets paid with dirty money?expand_more
It is a delicate issue (Neutral Action). The Supreme Court allows collecting fees provided that due diligence duties are met and there is no active help to hide the money.
Can they wiretap my communications?expand_more
Yes, in aggravated laundering crimes, the Judge can authorize wiretaps, mobile trojans, and vehicle tracking tags.
What is 'Diabolical Proof' in laundering?expand_more
The reversal of the burden of proof. In practice, you are forced to prove your money is lawful, instead of the Prosecutor proving it is illicit. We fight this with economic expertise.
What to do before a SEPBLAC inspection?expand_more
Contact a specialist lawyer immediately. Any erroneous statement can become the prosecution's evidence for a future criminal process.

Need Immediate and Expert Legal Assistance?

The judicial system is complex and can be relentless. Do not face it alone. We have the experience, technical knowledge, and human resources necessary to fight for you. Contact us today to schedule a confidential consultation and start building your defense.

Contact Alonso Sala

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