I. What charges can the government use to allege money laundering?

18 U.S.C. § 1956: This is for laundering monetary instruments and carries a penalty of up to 20 years in prison and fines of up to $500,000 or twice the value of the funds involved, whichever is greater

18 U.S.C. § 1957: This applies to engaging in monetary transactions in property derived from specified unlawful activity and can result in up to 10 years in prison and fines up to twice the value of the property involved.

18 U.S.C. § 1956(h): criminalizes conspiracy to commit money laundering. It makes it illegal for two or more people to agree to conduct or attempt to conduct a financial transaction involving the proceeds of specified unlawful activity (money laundering). The crime is the agreement itself, regardless of whether the money laundering was ultimately successful.

Bulk cash smuggling (31 U.S.C. § 5332): knowingly concealing more than $10,000 in currency or other monetary instruments on the person of such individual or in any conveyance, article of luggage, merchandise, or other container, and transports or transfers or attempts to transport or transfer such currency or monetary instruments from a place within the United States to a place outside of the United States, or from a place outside the United States to a place within the United States

RICO Act- the Racketeer Influenced and Corrupt Organizations (RICO)

II. Drug traffickers are purported to utilize some of the following tactics to money launder

-Purchase and or title assets in fictitious names, aliases, or in the names of friends or relatives

-Create and maintain Bitcoin and other cryptocurrency accounts. These are utilized because of the anonymity associated with the use of Bitcoin and other cryptocurrency accounts and because cryptocurrency is decentralized.

III. Dark Net Explanation

The darknet is a part of the internet that requires special software, like the Tor browser, to access, and is not indexed by standard search engines. It uses layered encryption to make user activity anonymous

IV. Cryptocurrency

This is a type of virtual currency, that is a decentralized, peer to peer network based medium of value or exchange that may be used as a substitute for fiat to buy goods or services or exchanged for fiat currency or other cryptocurrencies. Examples of cryptocurrency are Bitcoin, Ethereum, Litecoin, Dogecoin, Monero, among others.

Most cryptocurrencies have a blockchain which is a distributed public ledger, run by the decentralized network, containing an immutable and historical record of every transaction. It is still difficult for a number of reasons for law enforcement to track.

Cryptocurrency is stored in a virtual account called a wallet. Crypto wallets are designed to store your private key, keeping your crypto accessible at all times. They also allow you to send, receive, and spend cryptocurrencies like Bitcoin and Ethereum. Crypto wallets keep your private keys – the passwords that give you access to your cryptocurrencies – protected and accessible, allowing you to send and receive cryptocurrencies like Bitcoin and Ethereum.

The Financial Crimes Enforcement Network (“FinCEN”) has issued many notices discussing the various issues with cryptocurrency including recent concerns over regulatory risks related to convertible virtual currency kiosks. This notice dates back to 2019! It’s worth a read as it describes dark net marketplaces and cryptocurrency really well.

V. Recent cases in the news

The recent “Fire bunny” case was a case that operated on the darknet from January 2019 to August 2022. It operated on multiple dark web marketplaces and described itself as an “old vendor with the best in QUALITY SPEED OF DELIVERY and STEALTH.” In total, the defendants allegedly received nearly $8 million in Bitcoin proceeds and investigators found nearly $900,00 worth of cryptocurrency on one of the defendant’s phone. Some of the money received was laundered by converting Monero – a form of anonymized cryptocurrency that is extremely difficult to trace or monitor – into Bitcoin. The Bitcoin would then enter cryptocurrency exchange accounts controlled by the defendants and others. At least $2.4 million in Bitcoin was sent to a foreign based cryptocurrency exchange and laundered in the form of Chinese Yuan.

Samourai CEO Keonne Rodriguez and Samourai CTO William Lonergan Hill were recently sentenced for knowingly transmitting over $237 million in alleged criminal proceeds, coming from, among other things, drug trafficking, darknet marketplaces, cyber-intrusions, frauds, sanctioned jurisdictions, murder-for-hire schemes, and a child pornography (“CSAM”) website.

It utilized a Bitcoin mixing service known as “Whirlpool,” and coordinated batches of Bitcoin exchanges between groups of Samourai users. Through this process, the original source of particular Bitcoin holdings became obscured within the blockchain’s transactional record, effectively preventing law enforcement agencies and cryptocurrency exchanges from tracing funds back to their origins.

The second service, called “Ricochet,” enabled users to introduce additional and unnecessary intermediate transactions—known as “hops”—between sending and receiving addresses. This feature served a similar obfuscation purpose, making it substantially more difficult for monitoring entities to establish connections between cryptocurrency transfers and potential illicit activities. The scale of these operations was considerable: from Ricochet’s launch in 2017 and Whirlpool’s inception in 2019, more than 80,000 Bitcoin—valued at over $2 billion at the time—passed through these services. Samourai collected fees for both services, estimated to have a total value of more than $6 million.

Finally, in Operation RapTor, participating law enforcement agencies in the U.S., Europe, South America, and Asia arrested 270 darknet vendors, buyers, and administrators. Recently, as part of that large takedown, in the Southern District of New York (which is a district we are licensed to practice in) Incognito Market owner Rui-Siang Lin pled guilty for operating an online narcotics bazaar that existed on the dark web. It is alleged that Incognito Market sold more than $100 million of narcotics to anyone using the Tor web browser on the “dark web” or “darknet.”

Conaway & Strickler, PC is licensed to practice in NY, GA and CA. We can “pro hac” into any federal district in the country and have represented clients in New Hampshire, Vermont, Georgia, New Jersey, New York, California, Iowa, Texas, Tennessee, Florida, Pennsylvania, among others. We have “first chaired” many jury trials and have represented clients charged with RICO, drug trafficking and cryptocurrency money laundering cases. Please contact us for additional information or if you have a case you want to discuss with us. Please see here for additional blogs on this subject.

DME Fraud

Durable Medical Equipment (DME) fraud remains a cornerstone of federal enforcement as seen in the recent takedown. An indictment in the Western District of New York charges a medical doctor with billing roughly $29.6 million for fictious DME and $5.6 million for audio-only telehealth visits, which were brief or never occurred. That doctor produced and maintained false and fictitious medical records and fraudulently certified orders for braces without regard to medical necessity. The doctor now faces federal criminal charges of conspiracy to commit health care fraud, health care fraud, and false statements relating to health care matters.

In “Operation Gold Rush,” prosecutors in the Eastern District of New York indicted 11 defendants, including two pharmacists, members of a transnational criminal organization based in Russia and Eastern Europe. These individuals allegedly orchestrated a massive Medicare fraud and money-laundering scheme that billed over $10.6 billion to federal health programs—making it the largest case by loss amount ever charged by the DOJ. The group used foreign straw owners to acquire dozens of U.S.-based DME suppliers, then submitted fraudulent claims for equipment such as urinary catheters and glucose monitors that never delivered, exploiting stolen identities and confidential patient data. To date, 19 defendants have been charged in the case, including multiple arrests abroad (Estonia) and at U.S. entry points.

COVID-19 Testing Kickbacks

COVID-19 testing kickback schemes typically involve health care providers or marketers billing Medicare for over-the-counter or lab-based COVID-19 tests that were unnecessary, never provided, or obtained through illicit referrals. These cases often rely on the same core tactics as DME fraud: using stolen or misused patient information, paying illegal kickbacks for referrals, and submitting inflated or false claims to federal programs. In both types of fraud, the perpetrators exploit gaps in oversight during high-demand periods—such as the pandemic or public health emergencies—to rapidly bill large amounts to Medicare, often with little or no patient interaction or verification.

These 2025 takedown includes criminal indictments and civil settlement agreements targeting this type of COVID-19 fraud. An indictment out of Illinois charged multiple individuals, including a physician, for their roles in a kickback scheme. According to the indictment, the defendants caused laboratories in Illinois and Texas to submit fraudulent claims to the HRSA COVID-19 Uninsured Program, ultimately receiving over $293 million in payments. The physician involved allegedly misused patient information—including data from a former hospital employer—to falsely claim that uninsured individuals had submitted samples for COVID-19 testing. In reality, many of the patients had not submitted samples at all. Defendants submitted claims through Texas labs they owned, despite those labs being non-operational. The proceeds were then laundered through various financial accounts to disguise the funds’ origin. Charges include wire fraud, conspiracy to commit money laundering, HIPAA violations, and conspiracy to defraud the United States. Authorities have seized a Rolls Royce Phantom and more than $104 million in assets linked to the fraud.

The charges being brought by the federal government in these cases carry significant criminal penalties and collateral consequences, especially for licensed medical professionals. At Conaway & Strickler, we are highly experienced in defending against these types of claims. Contact us to schedule a consultation and discuss your case.

Crypto money laundering follows the same pattern used for fiat (government-issued) currencies by “cleaning” funds gained through illicit means, before exchanging or withdrawing them for cash. Traditionally, money laundering involves disguising financial assets so they can be used without detection of the illegal activity that produced them. In the context of crypto, tokens are moved through various digital addresses to obscure their illegal origin and make them more difficult to trace.  

The privacy-preserving nature of crypto has opened the door for criminals to conceal the origin of illicitly gained funds through a variety of methods. Cybercriminals ultimately funnel assets through several businesses and online addresses to hide the money trail before transferring the funds to a seemingly legitimate source. 

There are several methods that criminals will use when engaging in cryptocurrency money laundering, including: 

• Smurfing: Splitting up large sums of money into smaller amounts so they can be sent via multiple transactions.  
• Exchange Hopping: Using multiple cryptocurrency exchanges to transfer funds across several platforms and obscure the money trail.  
• Crypto Swaps: Using multiple cryptocurrency wallet addresses to directly convert funds without an intermediary or a centralized exchange. 
• Offshore Transactions: Creating offshore accounts to hide the origin of funds. 
• Mixing: Blending together the crypto assets of multiple users, making it difficult to determine who owns what.   
• Gambling Platforms: Depositing tokens into online gambling websites to be either withdrawn as cash or used to place coordinated bets.  

Cybercriminals require other actors (individuals and sometimes shell companies) to facilitate this crypto money laundering. Like traditional money laundering, criminals recruit “money mules” to move or launder the illicit funds, often unknowingly. In the context of crypto, this is often done under the guise of a cryptocurrency investment scheme.  

Just as traditional money laundering can be federally prosecuted under 18 U.S.C. § 1956, crypto money laundering is a crime under that same law. In addition to money laundering charges, involvement in a cryptocurrency scam can lead to charges including conspiracy, wire fraud, mail fraud, and more. Further, individuals at all levels of these schemes can face prosecution, including those who may have unwittingly played the role of a money mule. 

With decades of experience in defending traditional financial fraud paired with a deep understanding of the newer world of cryptocurrency, our firm possesses the skills and expertise to assist those accused of crypto fraud. Contact us for a free consultation.  

What Is the New FINCEN Rule?

FINCEN’s new rule extends Anti-Money Laundering (AML) and Countering the Financing of Terrorism (CFT) obligations to investment advisers involved in residential real estate transactions. The aim is to prevent illicit financial activities in an industry known for large cash transactions that can serve as vehicles for money laundering, fraud, and other financial crimes.

Previously, residential real estate investments, particularly those conducted through shell companies or trusts, offered a level of anonymity that bad actors could exploit. This new rule eliminates some of that opacity by requiring reporting and disclosure obligations for entities and individuals involved in these transactions.

The final rule imposes several key requirements:

1. Increased Reporting and Disclosure: Individuals and firms engaged in residential real estate investments must now report detailed information regarding the identity of buyers and sellers, the source of funds, and other financial details. This includes both U.S. and foreign investors, adding an extra layer of scrutiny for cross-border transactions.
2. Enhanced Due Diligence: Investment advisers and firms must now conduct thorough due diligence on clients and the source of their funds, ensuring that they comply with AML/CFT standards. This may involve verifying identities, examining financial records, and reporting suspicious activities to FINCEN.
3. Penalties for Non-Compliance: The rule includes penalties for individuals and firms that fail to meet the new AML/CFT obligations. Non-compliance could lead to fines, sanctions, or even criminal charges depending on the severity of the infraction.

For real estate investors, the new FINCEN rule adds a new layer of legal and financial oversight. While the intention is to weed out bad actors, the burden of proof is now on investors and their advisers to ensure compliance. This means that investors will need to be more transparent in their transactions, particularly regarding the source of their funds. Without proof of the funds coming from a legitimate source, criminal charges of money laundering and fraud can result.

As the FINCEN rule takes effect, compliance will be a critical concern for many in the real estate industry. Our firm is experienced in navigating the complex landscape of financial regulations, including defending clients against charges of money laundering and related financial crimes. We can help you understand your obligations under the new FINCEN rule and defend against any accusations of non-compliance or criminal misconduct.

This new regulation represents a major shift for the residential real estate industry. Whether you’re an investor or an adviser, staying compliant is no longer optional—it’s the law. The new FINCEN rule is set to take effect on December 1, 2025. If you have questions about the new rule and how it affects your business, contact ustoday for a consultation.

What is a Suspicious Activity Report (SAR)?

A Suspicious Activity Report (SAR) is a document that financial institutions are legally required to file with the Financial Crimes Enforcement Network (FinCEN) when they detect potentially suspicious behavior involving financial transactions. Once filed, these reports are sent to FinCEN, a division of the U.S. Department of the Treasury, which shares the information with law enforcement agencies for further investigation if necessary.

Why Do Banks File SARs?

Banks must comply with a variety of regulations designed to prevent financial crimes. One of the core elements of these regulations is monitoring customer transactions for anything that might indicate illegal or suspicious activity. A SAR is typically filed when a bank suspects that a transaction, or series of transactions, might involve:

• Money laundering: Attempting to disguise the origins of illegally obtained money by passing it through a legitimate banking system.
• Fraud: Including wire fraud, identity theft, and other deceptive financial activities.
• Structuring: Breaking down large sums of money into smaller deposits to avoid triggering reporting requirements (also known as “smurfing”).
• Unexplained large transactions: Transactions that don’t align with an individual’s or business’s typical activity or appear inconsistent with known financial patterns.

Common Triggers for SARs

Financial institutions are trained to spot red flags, and there are a number of scenarios that could trigger a SAR filing. Here are some of the most common:

1. Unusually Large Transactions: If an individual or business is suddenly moving unusually large amounts of money, especially in cash, this can raise red flags. Large deposits, withdrawals, or transfers that don’t align with normal activity patterns may prompt the bank to investigate further.
2. Frequent Cash Deposits Below $10,000: To avoid the $10,000 threshold that triggers an automatic Currency Transaction Report (CTR), some individuals break down larger sums into smaller deposits (a practice called structuring). If a bank detects this behavior, it will likely file a SAR.
3. Wire Transfers to High-Risk Countries: International wire transfers to or from countries that are known for terrorist activity, money laundering, or lacking robust financial regulations may result in a SAR filing.
4. Multiple Accounts Under One Name: Using multiple accounts to shuffle money back and forth—especially if the accounts seem unrelated to legitimate business or personal activities—can appear suspicious.
5. Account Activity Inconsistent with Known Business Practices: If a company typically processes small, regular transactions and suddenly starts handling large, irregular amounts, it might trigger suspicion. Likewise, if a personal account shows business-level activity, this could raise alarms.
6. Use of Shell Companies: Banks scrutinize accounts associated with shell companies that lack a clear purpose or business activity, as they are often used in money laundering schemes.
7. Unexplained Source of Funds: If the origin of deposited funds is unclear, or if large amounts of money are transferred without any legitimate explanation, the bank may file a SAR.

The Impact of a SAR Filing

When a bank files a SAR, it is confidential. The individual or business subject to the report is not directly informed; However, the bank may decide to take action based on its findings, which can include:

• Account closures: If the bank believes the activity is risky or potentially illegal, it may close your account or freeze any available funds.
• Increased monitoring: Your account may come under closer scrutiny, with more restrictions placed on transactions.
• Law enforcement involvement: If the behavior in question warrants it, the SAR could lead to a broader investigation by federal or state law enforcement agencies.

What to Do if You Believe a SAR Has Been Filed Against You

While you won’t be directly informed if a SAR has been filed, you may suspect something is amiss if your bank account is frozen, closed, or you’re contacted by law enforcement regarding your financial activity. If you find yourself in this situation, here are some steps to take:

1. Seek Legal Counsel: The most important thing you can do is consult with an experienced criminal defense attorney. A SAR filing could be the beginning of a serious investigation, and you’ll want legal guidance to protect your rights and interests.
2. Gather Financial Records: Be prepared to provide your attorney with all relevant financial records. This can help explain the nature of your transactions and demonstrate that they are legitimate.
3. Do Not Attempt to Explain Yourself to the Bank: Anything you say to the bank could be misinterpreted or used against you in a later investigation. Your attorney will be able to navigate these communications appropriately.

A Suspicious Activity Report can be a precursor to serious legal trouble, but it’s important to remember that it is not an accusation of a crime. Banks are required to report anything that appears suspicious, even if the behavior is ultimately lawful. If you find yourself facing consequences related to an SAR filing, don’t wait—contact us today for a consultation and take control of your situation before it escalates. If you are facing financial crime allegations, our skilled team of criminal defense attorneys is here to help.

Note if your asset has been SEIZED, that means the government has taken possession of your property, but it does not mean the government owns the property legally YET….See here for details on the most recent DOJ seizures and forfeiture manual.

Criminal Forfeiture

This is taken verbatim from DOJ website

In personam (against the person) action against a defendant that includes notice of the intent to forfeit property in a criminal indictment. A criminal conviction is required, and forfeiture is part of the defendant’s sentence. Criminal forfeiture is limited to the property interests of the defendant, including any proceeds earned by the defendant’s illegal activity. Criminal forfeiture is generally limited to the property involved in the particular counts on which the defendant is convicted. As part of sentencing, a court may order the forfeiture of a specific property listed in the indictment, a sum of money as a money judgment, or other property as substitute property. The government must establish by a preponderance of the evidence the requisite connection between the crime of conviction and the asset. After a preliminary order of forfeiture is entered, a separate, ancillary proceeding begins to determine any third-party ownership interests in the property the government seeks to forfeit. The court then will enter a final order of forfeiture

Civil Forfeiture

In rem (against the property) court proceeding brought against property that was derived from or used to commit an offense, rather than against a person who committed an offense. Unlike criminal forfeiture, there is no criminal conviction required, although the government is still required to prove in court by a preponderance of evidence that the property was linked to criminal activity. The proceeding allows the court to gather anyone with an interest in the property in the same case and resolve all the issues with the property at one time.

In a civil forfeiture case, the government is the plaintiff, the property is considered the defendant, and any person who claims an interest in the property is a claimant. Civil forfeiture allows the government to file cases against property that would not be reachable through criminal forfeiture, such as property of fugitives, terrorists, and other criminals located outside the United States. Civil forfeiture also permits recovery of assets of defendants who have died or where the wrongdoer cannot be identified.

Administrative Forfeiture In rem (against the property) action that permits personal property to be forfeited to the United States without filing a case in federal court. The administrative forfeiture process occurs before the agency that seized the assets when no one has filed a claim contesting the seizure. There are many procedural requirements, including strict time limits and noticing requirements, designed to protect the interests and rights of property holders. Any seizure of property subject to administrative forfeiture must be based on probable cause. The primary benefit of administrative forfeiture is to avoid burdening the courts with judicial actions when no one contests the forfeiture of the seized property.

This last one (administrative forfeiture) needs translated a bit. You need to first assert a claim to the property and then it goes to the civil forfeiture route.

A person who files an administrative petition is not contesting the forfeiture. The petitioner either wants his/her interest in the asset to be recognized or is a victim of the crime(s) underlying the forfeiture. If the asset is forfeited to the government, the petitioner wants to be compensated for his/her interest.

But, a person who files an administrative claim is contesting the seizure and is requesting to pursue the matter in court. The claimant believes the asset was not part of an illegal activity and was not purchased through ill-gotten gains. To contest forfeiture in federal court you must file a claim.

Once you file a timely claim, it will stop the administrative forfeiture proceeding and it is then forwarded to the U.S. Attorney’s Office for further proceedings.

Any time deadlines are missed, the assets may be forfeited to the government. In just ONE year, in just ONE district, the Northern District of Georgia was responsible for collections and forfeitures of over U.S. Attorney Ryan K. Buchanan announced that the Northern District of Georgia was responsible for collections and forfeitures of over $31 million in Fiscal Year 2023. $31 million in Fiscal Year 2023.

Please contact us so we can help you protect your assets.

Money Laundering refers to the illegal process of concealing the origins of money obtained through criminal activities, making it appear as if it comes from a legitimate source. This is criminalized under 18 U.S.C. § 1956. Money laundering using NFTs involves the illicit use of these digital assets to disguise the origins of illegally obtained funds. In this context, individuals create a fake record of sales on the blockchain by selling NFTs to themselves using different accounts. Once finished, they sell the NFT to an unsuspecting buyer and repeat the process.

Fraud has grown increasingly common in the crypto landscape due to its anonymous and decentralized nature. Fraud involving NFTs can manifest in various ways due to the unique characteristics of these digital assets. This is mostly being prosecuted as wire fraud under 18 U.S.C. § 1343. Some common forms of fraud associated with NFTs include:

1. Fake or Stolen NFTs: Fraudsters might create counterfeit NFTs by copying digital content and attempting to sell them as original or rare pieces. Additionally, they might steal someone else’s artwork or content and mint NFTs to sell without the creator’s consent.
2. False Representation: Individuals might misrepresent the ownership or authenticity of an NFT by falsely claiming it is associated with a particular creator or source, leading buyers to believe they are purchasing something of higher value or legitimacy than it actually holds.
3. Pump-and-Dump Schemes: Similar to traditional financial markets, some individuals may engage in pump-and-dump schemes within the NFT market. This involves artificially inflating the value of certain NFTs through false hype or manipulation, only to sell them off at a high price, leaving unsuspecting buyers with devalued assets.
4. Phishing and Scams: Scammers may use phishing techniques to trick NFT owners into providing their private keys or access to their digital wallets, allowing the fraudster to steal the NFTs. Additionally, fraudulent schemes and fake NFT marketplaces can deceive buyers and sellers into making transactions for non-existent or misrepresented NFTs.
5. Rug-Pull Scheme: As the term suggests, a “rug pull” refers to a scenario where the creator of an NFT and/or gaming project solicits investments and then abruptly abandons a project and fraudulently retains the project investors’ funds.

Law enforcement is continuing to prosecute these types of NFT schemes across the nation, in cases that allege millions of dollars being defrauded. Two defendants were charged for executing a $1 million NFT money laundering and fraud scheme in January 2022. In another NFT rug-pull, Aurelien Michel was charged for diverting $2.9 million dollars in an international fraud scheme.