Money laundering involves concealing or disguising the illegal origin of money or property. Even the mere possession of money derived from criminal activities can be regarded as money laundering.
Definition of money laundering
Money laundering, as laid down in Articles 420bis to 420quater of the Criminal Code (Sr), includes:
- Concealing or disguising the origin of objects derived from an offence
- Acquiring, possessing or transferring such objects
- Using money obtained from criminal activities
Types of money laundering
- Intentional money laundering (Article 420bis) - You are aware that the money comes from an offence. Maximum penalty: 6 years.
- Culpable money laundering (Article 420quater) - You should have suspected that it involved criminal money. Maximum penalty: 2 years.
- Habitual money laundering (Article 420ter) - You make a pattern of laundering money. Maximum penalty: 8 years.
Practical examples
- Depositing drug money in cash into a bank account
- Purchasing real estate with illegally obtained money
- Issuing false invoices to legitimize black money
- Moving money through international structures
- Using a business as a front for money laundering practices
Money laundering of one's own criminal money
Laundering money derived from an offence you yourself have committed is also punishable. For example, if you earn money from drug trafficking and then use it, you commit not only drug trafficking but also money laundering.
Mandatory reporting
Institutions such as banks, notaries, and real estate agents in Rijswijk are obliged to report suspicious transactions to FIU-Nederland. This helps in detecting money laundering practices.
Forfeiture of criminal assets
Upon a conviction for money laundering, the Public Prosecution Service (OM) may file a forfeiture claim to seize the laundered amount or assets.
Frequently asked questions about money laundering in Rijswijk
When am I liable for money laundering?
You are liable if you knowingly conceal, possess, or use money or goods knowing they originate from an offence (intentional money laundering). Even if you reasonably should have known it was criminal money (culpable money laundering), you can be prosecuted. Even mere possession of illegal money can be punishable. The penalty varies depending on the circumstances and repetition (up to 8 years for habitual money laundering).
Can I unwittingly commit money laundering?
Yes, in the case of culpable money laundering (Article 420quater Sr), you do not need to be certain that the money is criminal, but you should have suspected it. Think of accepting an unusually high cash payment without inquiry. The penalty can amount to 2 years' imprisonment. Banks report suspicious transactions, which can lead to an investigation by the authorities in Rijswijk.
What happens if I am suspected of money laundering?
If suspected, the OM initiates an investigation, during which you may be arrested and interrogated. A conviction can lead to a prison sentence (up to 8 years for habitual money laundering) and seizure of criminal assets. A criminal record can also impact employment or travel. If suspected, contact a lawyer immediately, for example via the Juridisch Loket Rijswijk.
Is money laundering of one's own offence money punishable?
Yes, even if you launder money derived from your own criminal activities, you are liable. For example, if you deposit money from drug trafficking into an account, you commit both drug trafficking and money laundering. This can result in harsher penalties and forfeiture of the full amount.
What role do banks in Rijswijk play in money laundering?
Banks and other institutions have a legal duty to report unusual transactions, such as large cash deposits, to FIU-Nederland. Failure to do so can lead to sanctions. For customers, this may mean accounts are blocked and an investigation follows by the District Court of The Hague (district).
How do I prevent unwitting involvement in money laundering?
Be cautious with transactions that seem unusual, such as large cash payments or deals that are too good to be true. Always inquire about the origin of money and be alert to suspicious structures. If in doubt, consult a legal advisor via the Juridisch Loket Rijswijk.