Legalization of illicit income, commonly known as "money laundering," represents one of the most complex and severe categories of economic crime in Georgia. This act involves giving a lawful appearance to property obtained through illegal means to conceal its true origin. Such allegations are often linked to large financial transactions, real estate purchases, international transfers, or business activities where the source of income is verified under suspicious circumstances. Since Georgia actively cooperates with international financial institutions in the fight against money laundering, investigative bodies and financial monitoring services treat any transaction that may contain signs of crime with particular strictness. For the accused, this means not only a serious threat of imprisonment but also confiscation of property and destruction of reputation. Qualified legal defense is critically important at this time to prove the legality of financial flows and protect the rights of the accused.
What does Money Laundering Defense service cover?
Criminal defense lawyers specializing in white-collar crimes offer clients comprehensive services that include both legal and financial analysis of the case:
- Audit and analysis of financial documentation: Detailed examination of bank statements, contracts, invoices, and other financial documents to confirm the legality of the income source.
- Representation in investigative bodies: Protection of the client's rights during interrogation, search, seizure, and other investigative actions to ensure that procedural norms are not violated.
- Prevention or appeal of property seizure: Presenting a reasoned position against the prosecution's motions to avoid freezing of assets or attachment of property.
- Conducting expertise: Appointment of independent financial and accounting expertise, which will confirm the economic substance and legality of transactions.
- Court defense: Development and implementation of a defense strategy in all court instances, presentation of evidence, and refutation of the prosecution's arguments.
- Plea bargain negotiations: Conducting negotiations with the prosecutor's office to achieve a possible alternative resolution of the case, based on the client's best interests.
Common Situations and Scenarios
Charges of money laundering can be brought against a person in various life situations, often even when they had no criminal intent:
- Suspicious international transfers: When a person receives a large amount from abroad from a business partner or relative and fails to present complete documentation confirming the origin of the funds to the bank.
- Cryptocurrency trading: Cashing out large volumes of cryptocurrency and converting it into traditional currency when it is difficult to trace the primary source of digital assets.
- Purchasing real estate with cash: Buying expensive property when the buyer's official declared income falls sharply short of the purchase value.
- Fictitious business operations: Movement of funds on a company account that has no real economic substance and serves only to "pass through" the money.
- Structured deposits: Depositing funds into a bank account in small amounts to avoid automatic reporting by the Financial Monitoring Service (so-called "smurfing").
Georgian Legislation and Legal Framework
The field of legalization of illicit income is regulated by the Criminal Code of Georgia and special legislation. According to the Criminal Code, it is considered a crime to give a legal appearance to illegal or undocumented property for the purpose of concealing its true nature, origin, location, or ownership rights. The legislation also provides for liability for group crimes or acts committed using an official position. Additionally, the Law of Georgia on Facilitating the Prevention of Money Laundering and the Financing of Terrorism is in force, which obliges banks, notaries, and other monitoring entities to report suspicious transactions to the Financial Monitoring Service. The Criminal Procedure Code defines the burden of proof and the rules for obtaining evidence, which allows the defense to effectively protect the accused.
Service Delivery Process
Cooperation with a lawyer begins with an initial consultation, where a detailed review of the factual circumstances of the case takes place. The next stage is requesting and studying the case materials, which involves analyzing the evidence held by the prosecution. The lawyer develops a defense strategy and collects alternative evidence (for example, financial documents, witness testimonies). During the pre-trial stage, the lawyer participates in all investigative actions and files motions. During court hearings, the defense position is actively presented. The process ends with the rendering of a verdict, which is appealed to higher instances if necessary.
Why choose a specialist on Legal.ge?
Legal.ge is a trusted platform operating in Georgia that gives you access to experienced lawyers specializing in economic crimes. Specialists registered in our database possess deep knowledge of financial law and criminal procedure. The platform ensures the verification of lawyers' qualifications, which reduces the risk of incompetent service. On Legal.ge, you can select a lawyer based on specific experience and ratings, which is critically important for such complex cases as money laundering charges. Find your defender on Legal.ge and ensure professional protection of your rights.
Updated: ...