Criminal defense for Money Laundering in Bonn

Legal Basis

§ 261 StGB

Sentencing Range

Imprisonment of three months to five years

Summary

Concealing, disguising the origin of, or obstructing the tracing of an object originating from an unlawful act

An accusation of money laundering under Section 261 StGB can arise from an ordinary transfer or a cash transaction and today reaches far into everyday business. The key questions are the origin of the assets and whether the accused acted knowingly or recklessly. Attorney Philip Bafteh defends accused persons in Bonn, Cologne and nationwide – after full access to the case file.

Money Laundering (Section 261 German Criminal Code) – Criminal Defense Against Money Laundering Charges

Money laundering is a central economic offence that criminalises the introduction of illegally obtained assets into the legitimate economy. Since the comprehensive reform of 2021, the scope has been significantly expanded – any unlawful act can now serve as a predicate offence (the so-called all-crimes approach). For expats in Germany, particularly those in business or finance, understanding the breadth of this provision is essential.

Statutory Text – Section 261 StGB (Excerpt)

Paragraph 1: Whoever conceals an object originating from an unlawful act, disguises its origin, or obstructs or endangers the investigation of its origin, its discovery, confiscation, or seizure, shall be punished with imprisonment of up to five years or a fine.

Paragraph 2: The same applies to whoever acquires such an object for themselves or a third party, stores it, or uses it for themselves or a third party, if they knew of the object’s origin at the time of acquisition.

Paragraph 6: Whoever, in the cases of paragraphs 1 and 2, recklessly fails to recognise that the object originates from an unlawful act, shall be punished with imprisonment of up to two years or a fine.

Elements of the Offence in Detail

Object from an unlawful act: Since the 2021 reform, any unlawful act can be a predicate offence. The object must originate from the predicate offence – it must have been obtained directly or indirectly through the act.

Criminal acts: The law distinguishes concealment acts (para. 1: concealing, disguising origin, obstructing investigation) and acquisition acts (para. 2: acquiring, storing, using). Acquisition acts require knowledge of the illegal origin.

Recklessness: Reckless money laundering is also punishable (para. 6). Recklessness exists when the illegal origin of the object is virtually obvious and the offender ignores this.

Self-laundering: Since the reform, money laundering by the predicate offender themselves is also punishable, provided they introduce the incriminated object into commerce and thereby disguise its illegal origin.

Typical Methods of Commission

Money laundering occurs through depositing cash from criminal offences into bank accounts, using shell companies or front persons to disguise the origin of funds, purchasing real estate with incriminated funds, cryptocurrency transactions for anonymisation, smurfing (splitting large amounts into many small transactions), using hawala banking, and accepting suspicious payments in business dealings.

Sentencing Range

Intentional money laundering is punished with imprisonment of up to five years or a fine. In especially serious cases (commercial or gang-related commission), the penalty is imprisonment from six months to ten years. Reckless money laundering carries up to two years of imprisonment or a fine. Confiscated objects are subject to asset recovery.

Typical Defense Strategies

Defense against money laundering charges is regularly complex and requires specialised knowledge of white-collar criminal law. Central points of attack include whether an unlawful predicate offence can be proven, whether the object actually originates from this predicate offence, whether the accused knew of or recklessly ignored the illegal origin, and whether the specific criminal act meets the statutory requirements. Attorney Bafteh has experience in defending complex white-collar criminal cases and develops a defense strategy tailored to the specific case.

Related topic: fare evasion.

Summons or accusation of Money Laundering? What matters now

Make no statement to the police at first

As an accused person you are never obliged to comment on the allegation. Anything said to the police can be used against you. Provide statements only through your defense attorney and only after reviewing the case file.

File inspection comes first

A sound defense against the allegation of Money Laundering requires knowledge of the investigation file. Only once the available evidence is clear can we decide whether a statement is advisable or whether remaining silent is the better strategy.

Possible discontinuation of proceedings

Not every case ends in a trial. Depending on the evidence and any prior record, the proceedings may be discontinued for lack of sufficient suspicion (§ 170 II StPO), for triviality (§ 153 StPO) or subject to conditions (§ 153a StPO). Often a penalty order without a public trial can be achieved.

Victim-offender mediation and restitution

In many cases, victim-offender mediation or making good the damage (§ 46a StGB) can significantly reduce the sentence or enable a discontinuation. Whether this is advisable in your case is something we assess based on the file.

What we do after reviewing the file

We examine the evidence for reliability and admissibility, look for procedural errors, develop the defense strategy, seek a dismissal of the proceedings through discussions with the public prosecutor’s office and represent you, if necessary, at trial before the Bonn Local Court or Bonn Regional Court.

Available 24/7: +49 228 504 463 36

This information does not replace a review of the individual case. In criminal proceedings, the defense strategy depends substantially on the case file, the specific allegation and the evidence.