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As a lawyer I have been able to acquire a great practical experience and a clear sense of professionalism over the years of work experience. For this, I offer services of legal representation in cases of all penal nature and I am specialized in the topics of capital or money laundering, always considering that the important thing of my profession is to enforce the Right to the Defense of all citizens which is a fundamental right. For this, I always assist each case with thoroughness and patience, because I consider that the most important thing is the details that can produce unexpected effects on the situations that seemingly had a certain direction.
When does the money become capital?
Money only has a purpose in the society where the relationships of exchange of goods begin. The money is not an object as such, but it expresses the relationships between the individuals that intervene in the mercantile economy, hence it has a social function, to work as a universal equivalent to the rest of the merchandise. On the other hand the capital is the accumulated money, but it doesn t become capital by being accumulated quantitatively, but rather as a result of its employment to produce profits. So that the money becomes capital it has to leave the storage place (not always in literal sense) and to be used in certain economic movements, therefore it is the money that is valorized, the money that is increased without the participation of the possessor of the money in work.
What is capital money laundering?
This crime consists of a process of cleaning that is carried out with the money, because it is sought to simulate a false reality, trying to make people believe that certain quantity of money was obtained as a result of a completely licit economic activity, when it was truly not so. It is manifested with a lot of frequency in relation to businesses that are highly risky for being prohibited and constituent of crimes and, therefore, they are highly lucrative. This is the case of the crimes of illegal drug trafficking, smuggling of drugs and terrorism, among others of similar nature.
So, capital money laundering deals with actions intended to hide the true origin of the capital. This crime is generally carried out with two main purposes: first, to continue obtaining excessive quantities of money that comes from any illicit activity, without making evident the how profitable this illegal business is and of course, not declaring taxes on real earnings that allow those carrying out this act, to evade the payment of sums that would be highly considerable.
Is it possible to carry out this crime with money that comes from a licit business?
Clearly it is not possible, since this criminal fact doesn t lie in the quantitative element of the capital, but in its qualitative aspect, that is to say that the bond between the obtained capital and the motive, or necessity of carrying out the money laundering, it is not because of the exuberant quantities, but rather because they are illegitimate profits. Therefore, there is no reason to carry out this criminal concept, unless we are in a situation in which we need to justify certain quantities of money that were obtained in forbidden economic activities.
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Is it possible that this activity is developed unwittingly?
There are crimes that require certain blame related to the intention of carrying them out, since, not existing such blame, this crime would not be typified but another. But in the case of the capital money laundering it doesn t happen this way, since for defining the crime, a group of deliberate actions must be carried out, because they are economic or financial activities with the purpose of hiding the fruit of fraudulent previous movements. Therefore, it is not possible to achieve the outlined purposes before carrying out a group of actions such as transactions or bank deposits, which are made intentionally.
How do my professional services contribute to your legal situation?
My consultancy and representation are in all moment directed to look after your interests in the process, because in many occasions others try to intensify the condemnation by way of ¨exemplary punishment¨, or because the penal policy of the country considers as necessary to repress this type of activities, occasionally leading to unjust legal acts. Much of the evidence held in a crime of money laundering includes legal actions, that is to say, everyone can perform bank transactions between different accounts, or to acquire properties outside the national territory and even to deposit certain quantity of money in a bank account related to certain society or foundation, etc., the problem is when these actions are carried out with a money that is not a product of a legal activity.
As your lawyer I am concerned with making effective the presumption of innocence on your behalf, since you are innocent until those that have an allegation against you, prove the opposite, as a result we will have to demonstrate that those actions were carried out with the purpose of simulating a legal nature to a capital that in fact is not so.