Fighting a Concealing Criminal Proceeds Accusation in St. Louis County with a Dedicated Defense Attorney
The moment you face an accusation of Concealing Criminal Proceeds in Duluth, your world can feel like it’s crashing down. This isn’t just about money; it’s about your freedom, your reputation, and your entire future. If you’re a business owner in St. Louis County, a professional in Two Harbors, or simply a resident in Proctor whose life has been turned upside down by this charge, the shock can be profound. The state is alleging you’ve been involved in serious financial wrongdoing, connecting you to other felony crimes, and the implications are terrifying. You fear losing everything: your job, your standing in the community, and the stability of your family.
This accusation carries a heavy stigma, instantly casting a shadow over your integrity and trustworthiness in close-knit communities like Cloquet or Bemidji. The thought of what this means for your financial future, your ability to conduct business, and the perception of your loved ones is overwhelming. But understand this: an accusation is the beginning of a fight, not the end of your life. The state may have vast resources, but they do not have an automatic win. You need an unwavering advocate, a relentless fighter who will stand between you and the power of the state, meticulously crafting a clear path forward forged by strength, strategic defense, and an unyielding commitment to your ultimate freedom.
The Stakes: What a Conviction Truly Costs
A conviction for Concealing Criminal Proceeds is not merely a financial slap on the wrist; it is a felony conviction with profound and enduring consequences that can dismantle every aspect of your life. This is a fight for your very existence as you know it.
Your Permanent Criminal Record
A conviction for Concealing Criminal Proceeds will result in a permanent felony criminal record. This is not something that fades or disappears; it is a mark that will follow you for the rest of your life. Every background check, whether for employment, housing, or professional licensing, will reveal this conviction. In today’s digital age, information is easily accessible, and a felony record for financial crimes carries an immense stigma. It can close doors to legitimate business opportunities, brand you as untrustworthy in the eyes of others in Duluth and across St. Louis County, and fundamentally alter your standing in any community you inhabit. This permanent record is a constant reminder and a significant barrier to rebuilding your life.
Loss of Second Amendment Rights
A felony conviction for Concealing Criminal Proceeds will result in the permanent loss of your Second Amendment rights. This means you will be prohibited from owning, possessing, or having in your control any firearm or ammunition, for the rest of your life. This is a fundamental and irreversible forfeiture of a constitutional right, regardless of any prior firearm ownership or personal convictions about self-defense. For many in Northern Minnesota, this is a deeply impactful consequence, extending far beyond the immediate legal ramifications and affecting a significant aspect of personal freedom and lifestyle. The implications are profound and long-lasting, demanding the most aggressive defense possible.
Barriers to Employment and Housing
Perhaps one of the most devastating consequences of a felony conviction for Concealing Criminal Proceeds is the insurmountable barriers it creates for employment and housing. Few employers, particularly in financial, corporate, or any positions requiring trust, will hire an individual with a felony record for a financial crime. This can lead to long-term unemployment or relegation to low-wage jobs, severely limiting your ability to provide for yourself and your family. Similarly, finding stable housing becomes incredibly difficult, as landlords routinely conduct background checks. The stigma associated with such a conviction can force you into precarious living situations in communities like Two Harbors or Proctor, stripping away your ability to build a secure future.
Impact on Professional Licenses and Reputation
For those holding professional licenses in fields such as finance, real estate, accounting, law, or any profession requiring a high degree of ethical conduct and trustworthiness, a conviction for Concealing Criminal Proceeds will almost certainly lead to the immediate and permanent revocation of that license. Licensing boards view financial felonies with extreme gravity, as they undermine the very foundation of public trust. Beyond formal licensing, your reputation in close-knit communities like Cloquet or Bemidji will be shattered. The accusation alone can lead to social ostracism, but a conviction will brand you as a criminal, impacting your relationships, your standing with neighbors, and your ability to interact in professional or social settings. This can lead to profound personal and professional isolation, making any attempt at rebuilding your life an uphill battle.
The Accusation: Understanding the State’s Case
When the state alleges Concealing Criminal Proceeds, they are initiating a complex financial investigation that aims to connect you to underlying felony crimes. To fight this formidable accusation, you must first comprehend the precise elements the prosecution must prove and the statutory framework they will use against you.
What Does the State Allege? Concealing Criminal Proceeds Explained in Plain English
When the state alleges Concealing Criminal Proceeds, they are claiming that you engaged in a financial transaction with money or assets that you knew, or should have known, came from illegal activities. Specifically, they believe you conducted a transaction involving more than $5,000 in “monetary instruments” – which can include cash, checks, stocks, precious metals, or even valuable gems – and that you understood these assets were the result of, or derived from, a felony crime. This means the accusation isn’t necessarily that you committed the original felony, but that you knowingly helped to hide or legitimize the money gained from it. This charge ties you directly to serious criminal enterprises, implying you were part of a scheme to wash “dirty” money, making it appear clean, and it carries severe felony penalties here in Duluth and throughout St. Louis County.
The Law on the Books: Minnesota Statute 609.496
Minnesota Statute 609.496, known as the “Concealing Criminal Proceeds” statute, is designed to target individuals who knowingly engage in financial transactions involving money or assets derived from felony crimes. Its purpose is to disrupt criminal enterprises by making it illegal to launder or hide the profits of unlawful activities. This law acts as a powerful tool for prosecutors to pursue individuals involved in financial aspects of serious crime.
609.496 CONCEALING CRIMINAL PROCEEDS.
Subdivision 1.Crime. A person is guilty of a felony and may be sentenced under subdivision 2 if the person:
(1) conducts a transaction involving a monetary instrument or instruments with a value exceeding $5,000; and
(2) knows or has reason to know that the monetary instrument or instruments represent the proceeds of, or are derived from the proceeds of, the commission of a felony under this chapter or chapter 152 or an offense in another jurisdiction that would be a felony under this chapter or chapter 152 if committed in Minnesota.
Subd. 2.Penalty. A person convicted under subdivision 1 may be sentenced to imprisonment for not more than ten years, or to payment of a fine of not more than $100,000, or both.
Subd. 3.Monetary instrument. For purposes of this section, “monetary instrument” means United States currency and coin; the currency and coin of a foreign country; a bank check, cashier’s check, traveler’s check, money order, stock, investment security, or negotiable instrument in bearer form or otherwise in the form by which title to the instrument passes upon delivery; gold, silver, or platinum bullion or coins; and diamonds, emeralds, rubies, or sapphires.
Subd. 4.Payment of reasonable attorney fees. Subdivision 1 does not preclude the payment or receipt of reasonable attorney fees.
History: 1989 c 286 s 3
The Prosecution’s Burden: Elements of Concealing Criminal Proceeds
To secure a conviction for Concealing Criminal Proceeds, the prosecution must prove, beyond a reasonable doubt, every single element of the crime. This is a complex undertaking, often involving intricate financial evidence and the establishment of knowledge and intent. If the state, with all its power and resources, fails to prove even one of these essential elements, their entire case against you collapses. This is where your defense begins, by meticulously scrutinizing each element and preparing to challenge the state’s ability to prove it.
- Conducts a Transaction: The prosecution must prove that you performed an actual financial transaction. This isn’t just about possession of funds; it’s about active participation in a process involving monetary instruments. This could involve buying, selling, transferring, exchanging, depositing, or withdrawing the funds. The state will present bank records, transaction histories, or witness testimony to establish that a specific financial movement occurred, demonstrating your direct involvement in the movement of funds.
- Involving a Monetary Instrument Exceeding $5,000: The state must prove that the transaction involved “monetary instruments” as defined in the statute (cash, checks, stocks, precious metals, gems, etc.) and that the value of these instruments exceeded $5,000. This is a critical threshold. The prosecution will need to provide clear evidence of the type and exact value of the assets involved in the transaction to meet this financial benchmark. Without proof of the $5,000 threshold being met, the charge cannot stand under this statute.
- Knowledge or Reason to Know of Proceeds from a Felony: This is arguably the most crucial and often the most contested element. The prosecution must prove that you knew or had reason to know that the monetary instruments were the proceeds of, or derived from the proceeds of, a felony crime. This isn’t about mere suspicion; it’s about establishing your state of mind. The underlying felony must be one defined under Chapter 609 (Crimes Against Persons; Crimes Against Property; Public Order) or Chapter 152 (Drugs) of Minnesota Statutes, or an equivalent felony from another jurisdiction. The prosecution will attempt to present circumstantial evidence, communications, or other links to establish this vital element of criminal intent and knowledge of illicit origin.
- Underlying Felony (Implied Element): While not explicitly listed as an element you “conduct,” the prosecution must demonstrate that there was an actual underlying felony that generated the criminal proceeds. They don’t necessarily have to convict someone of that underlying felony in your trial, but they must provide sufficient evidence to convince the jury that such a felony occurred and generated the funds you allegedly concealed. This could involve evidence of drug trafficking, theft, fraud, or other serious crimes that produced the money you are accused of handling.
The Potential Outcome: Penalties for a Concealing Criminal Proceeds Conviction
A conviction for Concealing Criminal Proceeds under Minnesota Statute 609.496 is a felony, and the penalties are severe, designed to punish those who facilitate financial criminal activity. This is not a charge to take lightly; the consequences can irrevocably alter the course of your life, impacting your freedom, your financial stability, and your future.
A person convicted of Concealing Criminal Proceeds under Subdivision 1 faces substantial statutory penalties. They may be sentenced to imprisonment for not more than ten years, or to payment of a fine of not more than $100,000, or both. These are the maximum statutory penalties, and the exact sentence will depend on various factors, including your criminal history, the specific facts of the case, and the discretion of the court. However, even at the lower end of the sentencing guidelines, a felony conviction means a permanent criminal record, the loss of civil liberties, and significant barriers to employment, housing, and social reintegration here in Duluth or anywhere in Minnesota. The financial fine alone can be crippling, on top of the profound loss of freedom.
The Battle Plan: Building Your Strategic Defense
An accusation of Concealing Criminal Proceeds isn’t just a legal challenge; it’s a direct assault on your integrity, your financial stability, and your freedom. The state’s case, however formidable it may seem, is merely an assertion, a story they are attempting to tell. Your defense is about dismantling that story, piece by piece, and building a compelling counter-narrative of truth and innocence.
An Accusation is Not a Conviction: The Fight Starts Now
When the state levels a charge of Concealing Criminal Proceeds, it can feel as if your life has already been defined by an accusation that carries immense social and legal weight. The intricate nature of financial crimes, coupled with the severe felony penalties, can be paralyzing. But let me be absolutely clear: an accusation is precisely that—an accusation. It is the beginning of a relentless legal battle, not the end of your life or your future. This is the critical moment to understand that you possess fundamental rights, and the prosecution, despite its vast resources, must meticulously prove every single element of its case beyond a reasonable doubt.
Your defense is not a passive response; it is a proactive, strategic counter-offensive. Every bank statement, every transaction record, every communication, and every piece of testimony the state intends to use against you will be subjected to intense scrutiny. Was the value correctly assessed? Was the “monetary instrument” clearly defined? Did you truly know or have reason to know the funds were from a felony? These aren’t just questions; they are the leverage points for meticulously building a robust defense designed to expose weaknesses in the state’s intricate financial claims and protect your freedom and future here in Duluth. The burden of proof lies entirely with the prosecution, and if they cannot meet that burden on even one element, their entire case against you must collapse. This fight starts now, and it starts with an unwavering commitment to your defense.
How a Concealing Criminal Proceeds Charge Can Be Challenged in Court
Fighting a Concealing Criminal Proceeds charge requires a multi-faceted and aggressive defense strategy. My approach is to meticulously dissect the prosecution’s financial evidence and subjective claims, identifying every vulnerability and leveraging every legal avenue to protect your freedom.
Lack of Knowledge or Intent
The “knowledge or reason to know” element is often the most subjective and challenging for the prosecution to prove. Your defense can focus on demonstrating that you genuinely lacked awareness of the illicit origin of the funds.
- Bona Fide Transaction: You conducted a legitimate, good-faith transaction, unaware that the funds involved were criminal proceeds. Perhaps you were paid for a service, sold an item, or completed a standard financial transaction without any red flags or reason to suspect illicit origins.
- No Reason to Know: The circumstances surrounding the transaction did not provide any “reason to know” that the funds were criminally derived. There were no suspicious behaviors, unusual requests, or other indicators that would trigger a reasonable person’s suspicion.
- Third-Party Deception: You were deceived by another individual who intentionally concealed the criminal origin of the funds. You believed the money was legitimate and had no way of discerning its true source, making you an unwitting participant.
- Lack of Connection to Underlying Felony: While the state doesn’t need a conviction for the underlying felony, they must present evidence of its existence. If there’s a weak or non-existent link between you and the alleged underlying felony that generated the funds, it undermines the “reason to know” element.
Disputing the $5,000 Threshold
The statute specifically requires the transaction to involve “monetary instruments” with a value exceeding $5,000. This is a concrete element that can be challenged if the prosecution’s accounting or valuation is flawed.
- Inaccurate Valuation: The state’s valuation of the “monetary instrument” (e.g., precious metals, gems, foreign currency) may be inaccurate or inflated. An independent appraisal can be used to show the value was actually under the $5,000 threshold.
- Separate Transactions: If the prosecution aggregates multiple smaller transactions to reach the $5,000 threshold, your defense can argue that these were separate, distinct transactions and thus do not meet the single transaction requirement of the statute.
- Non-Monetary Instruments: The items involved in the transaction may not qualify as “monetary instruments” as defined by the statute. For example, if it involved physical goods or services not listed in the definition.
- Incomplete Transaction: The transaction may not have been fully completed or formalized, meaning the “conducts a transaction” element cannot be proven with sufficient certainty regarding the transfer of value.
Violation of Constitutional Rights
Financial investigations often involve extensive data collection and surveillance, which can lead to constitutional violations. If your rights were breached, critical evidence could be suppressed.
- Illegal Search and Seizure: If bank records, digital communications, or physical evidence (like cash or valuables) were obtained without a proper warrant, probable cause, or your consent, they could be deemed inadmissible in court.
- Miranda Rights Violations: If you were interrogated by law enforcement while in custody without being properly advised of your right to remain silent and right to an attorney, any incriminating statements made could be suppressed.
- Fourth Amendment Violations (Data Privacy): The collection of extensive financial data without proper legal process (e.g., overly broad subpoenas, unwarranted access to financial accounts) could constitute a violation of your privacy rights.
- Due Process Violations: Any actions by the prosecution or law enforcement that deny you a fair trial, such as withholding exculpatory evidence (evidence that could prove your innocence), can lead to a dismissal of charges.
Challenging the Origin of Funds
The prosecution must establish that the funds were indeed the proceeds of a felony. If they cannot definitively link the money to a specific underlying felony crime, their case weakens significantly.
- Legitimate Source of Funds: You can present evidence demonstrating a legitimate, non-criminal source for the funds in question. This could involve proving income from a job, inheritance, loan, sale of property, or other lawful means.
- Insufficient Proof of Underlying Felony: The prosecution may struggle to present compelling evidence that a specific felony actually occurred and generated the funds. Without this, the “proceeds of a felony” element cannot be satisfied.
- Speculative Link: The prosecution’s link between the funds and an alleged felony may be purely speculative or based on weak circumstantial evidence. Your attorney can argue that reasonable doubt exists regarding the origin.
- Prior Possession of Funds: If you can show you possessed the funds lawfully before the alleged underlying felony occurred, it directly refutes the claim that they are “proceeds” of that specific crime.
Defense in Action: Scenarios in Northern Minnesota
The complexities of a Concealing Criminal Proceeds charge demand a defense strategy tailored to the specific facts and the local realities of Northern Minnesota. Seeing these defenses in action brings them to life.
Bemidji Scenario: Inherited Assets Misidentified
Sarah, a recent college graduate in Bemidji, inherited a substantial collection of rare coins from her grandfather, a known antique collector. Unbeknownst to her, one of the coins in the collection had been unknowingly acquired by her grandfather years ago as part of a larger purchase that involved items stolen in a felony theft from another state. Sarah sold a portion of the collection, exceeding $5,000, to a dealer in Bemidji. Authorities, investigating the old theft case, traced the coin to Sarah and charged her with Concealing Criminal Proceeds.
In this scenario, the defense would focus on Lack of Knowledge or Intent, specifically Bona Fide Transaction and Third-Party Deception. Sarah’s attorney would argue that she conducted a legitimate sale of inherited property, with no knowledge or reason to know of the single coin’s illicit origin within her grandfather’s vast collection. They would present documentation of the inheritance, the legitimate sale to the dealer, and argue that she was an unwitting participant deceived by the historical circumstances of her grandfather’s acquisition. The focus would be on proving Sarah’s innocent state of mind in Bemidji.
Cloquet Scenario: Legitimate Business Transactions Aggregated
David owns a successful small construction business in Cloquet. He often receives payments for legitimate jobs in cash or by personal check. Law enforcement, investigating one of David’s clients for unrelated drug trafficking, saw several large payments from this client to David for construction work. They aggregated these payments, which totaled over $5,000, and charged David with Concealing Criminal Proceeds, alleging he should have known the client’s money was illicit.
Here, the primary defense would be Disputing the $5,000 Threshold through Separate Transactions and Lack of Knowledge or Intent via Bona Fide Transaction and Legitimate Source of Funds. David’s attorney would present detailed business records, contracts, and invoices demonstrating that each payment from the client was for a legitimate construction service performed by David’s business in Cloquet. They would argue that these were separate, bona fide business transactions, and that David had no knowledge or reason to know of the client’s alleged criminal activities or the source of their payments. The defense would challenge the aggregation of separate, lawful payments into a single “criminal proceeds” transaction.
Two Harbors Scenario: Unwarranted Financial Surveillance
Maria, a financial advisor in Two Harbors, had a client who was later accused of a felony fraud scheme. During the investigation into the client, federal agents accessed Maria’s private financial records without a proper warrant, based on a broad subpoena that failed to establish probable cause for Maria’s involvement. They then used unrelated transactions in her personal accounts, exceeding $5,000, as the basis for a Concealing Criminal Proceeds charge against her, alleging she should have known.
This situation calls for a robust Violation of Constitutional Rights defense, specifically Illegal Search and Seizure and Fourth Amendment Violations (Data Privacy). Maria’s attorney would file a motion to suppress all evidence obtained from her financial records. The argument would be that the government overstepped its authority by conducting an unwarranted, broad search of her private financial data, violating her Fourth Amendment rights. If successful, the suppression of this evidence would likely gut the prosecution’s case against Maria in Two Harbors, as their core evidence would be inadmissible.
Proctor Scenario: False Informant Testimony
John, a local car mechanic in Proctor, was accused of Concealing Criminal Proceeds after an unreliable informant told police that John was “laundering money” from a drug dealer by accepting large sums for car repairs. Police relied heavily on the informant’s uncorroborated testimony, despite the informant having a history of providing misleading information to secure plea deals in their own cases. The alleged “payments” were never definitively linked to the drug dealer’s felony proceeds.
The defense here would focus on Challenging the Origin of Funds through Insufficient Proof of Underlying Felony and Speculative Link, as well as Lack of Knowledge or Intent. John’s attorney would highlight the informant’s problematic history and lack of credibility, emphasizing the absence of any independent corroboration for their claims. They would demand that the prosecution prove a definitive link between any money John received and actual, proven felony drug proceeds, arguing that the state’s case is based on mere speculation and unreliable hearsay, without concrete evidence of illicit origin in Proctor. The attorney would present John’s legitimate repair records and income to show a lawful source of funds.
The Advocate: Why a Dedicated Duluth Defense Attorney is Essential
When you are accused of Concealing Criminal Proceeds, you are facing a fight on multiple fronts: your freedom, your financial solvency, and your reputation. The state’s power in these complex financial cases is immense, and trying to navigate it alone is a recipe for disaster. You need a fierce, unyielding advocate who will stand with you, every step of the way.
Countering the Resources of the State
The state deploys an arsenal of resources when pursuing charges of Concealing Criminal Proceeds. This includes financial forensic investigators, experienced prosecutors, and vast databases of information. They have the time, the budget, and the manpower to dissect your financial life and build a case designed for conviction. Against this formidable power, an individual stands at a severe disadvantage. A dedicated defense attorney serves as your essential bulwark, meticulously scrutinizing every financial document, challenging every expert opinion, and exposing every flaw in the prosecution’s complex narrative. This is about leveling the playing field, ensuring that the state’s immense resources are met with an equally determined and strategically sound defense, fighting for your rights in Duluth and throughout St. Louis County.
Strategic Command of the St. Louis County Courts
Financial crime cases, even those involving Concealing Criminal Proceeds, are tried in specific courtrooms with judges who may or may not have extensive experience in complex financial law. Understanding the unique procedures, the unwritten rules, and the individual tendencies of the judges and prosecutors within the St. Louis County courts is not merely helpful; it is absolutely critical to your defense. A dedicated Duluth defense attorney brings years of direct, hands-on experience in these very legal arenas. They understand the nuances of local legal practice, allowing them to anticipate challenges, craft compelling legal arguments tailored to specific judicial preferences, and negotiate from a position of informed strength. This strategic command of the local legal landscape provides an invaluable advantage, shaping your defense for the best possible outcome.
Fighting for Your Story, Not Just the Police Report
When an accusation of Concealing Criminal Proceeds is made, the state presents a cold, hard narrative based on financial transactions and police reports. This narrative rarely captures the full truth, the genuine intent, or the complex circumstances that led to your situation. It’s a sterile, often damning, version of events that ignores the human element. A dedicated defense attorney understands that your case is more than a series of transactions on a spreadsheet; it is your story. They will tirelessly investigate every detail of your financial life, uncover every legitimate source of funds, and piece together a comprehensive and truthful account of what actually happened. This is about ensuring your voice is heard, your intentions understood, and that the court sees beyond the state’s narrow, often prejudiced, interpretation of financial data, especially vital in smaller communities like Proctor or Two Harbors.
An Unwavering Commitment to a Winning Result
For an individual facing a Concealing Criminal Proceeds charge in Cloquet or Bemidji, the stakes are profoundly personal. Your freedom, your financial future, and your reputation are all on the line. For the state, it is simply another case to prosecute. This fundamental difference in perspective underscores the absolute necessity of an unwavering commitment from your defense attorney. A dedicated defense attorney is singularly focused on achieving the best possible outcome for you. This isn’t about processing paperwork or going through the motions; it’s about a relentless pursuit of justice, whether that means meticulously preparing for trial to secure a complete acquittal, negotiating aggressively for a dismissal, or working tirelessly to achieve a significantly reduced charge. This commitment provides the steadfast support and aggressive advocacy you desperately need in a fight for your future.
Your Questions Answered
What is Concealing Criminal Proceeds in Minnesota?
Concealing Criminal Proceeds, under Minnesota Statute 609.496, involves knowingly conducting a financial transaction over $5,000 using monetary instruments that are derived from the proceeds of a felony offense under Minnesota law or an equivalent offense from another jurisdiction.
What value of monetary instruments triggers this charge?
The statute specifically states that the transaction must involve “monetary instrument or instruments with a value exceeding $5,000.” This is a crucial threshold the prosecution must prove.
What are “monetary instruments” as defined by this law?
“Monetary instrument” is broadly defined to include United States and foreign currency, bank checks, cashier’s checks, traveler’s checks, money orders, stocks, investment securities, negotiable instruments, gold, silver, platinum bullion or coins, diamonds, emeralds, rubies, and sapphires.
Do I have to commit the underlying felony to be charged with this crime?
No. You do not need to be the person who committed the original felony that generated the criminal proceeds. The charge focuses on your actions of conducting a transaction with those proceeds and your knowledge of their illicit origin.
What kind of “knowledge” does the state need to prove?
The state must prove you either knew or had reason to know that the monetary instruments were derived from felony proceeds. This means they need to show you had actual awareness, or that circumstances were such that a reasonable person would have suspected the funds’ criminal origin.
What are the penalties for a Concealing Criminal Proceeds conviction?
Concealing Criminal Proceeds is a felony. A conviction can result in imprisonment for up to ten years, a fine of up to $100,000, or both. The specific sentence depends on various factors, including your criminal history.
Will a conviction affect my Second Amendment rights?
Yes, a felony conviction for Concealing Criminal Proceeds will result in the permanent loss of your Second Amendment right to own or possess firearms and ammunition in Minnesota.
Can attorney fees be paid with money that might be considered criminal proceeds?
Minnesota Statute 609.496, Subdivision 4 explicitly states that this section “does not preclude the payment or receipt of reasonable attorney fees.” This provision protects your right to legal representation.
How can a defense attorney challenge the “knowledge” element?
An attorney can challenge the “knowledge” element by demonstrating you conducted a bona fide transaction, had no reason to suspect the funds’ origin, or were actively deceived by a third party about the legitimacy of the money.
What if the money came from a legitimate source, not a felony?
If you can prove the funds came from a legitimate, non-criminal source (e.g., salary, inheritance, loan, legitimate sale), this is a strong defense that directly refutes the “proceeds of a felony” element.
Does this charge apply only to drug-related proceeds?
No. While it often applies to drug proceeds (Chapter 152), the statute also covers proceeds from any felony under Minnesota’s general crimes chapter (Chapter 609), or equivalent felonies from other jurisdictions.
How long does a Concealing Criminal Proceeds conviction stay on my record?
A felony conviction for Concealing Criminal Proceeds remains on your permanent criminal record indefinitely. It is accessible through background checks unless it is later expunged, which is a difficult process for felonies.
Can this charge be expunged from my record in Minnesota?
Expungement for felony convictions like Concealing Criminal Proceeds is highly challenging in Minnesota. While possible for certain felonies after a significant waiting period and under specific circumstances, it is not guaranteed and requires a strong legal argument.
What should I do if I am being investigated for Concealing Criminal Proceeds?
If you are being investigated or have been charged, you should immediately cease all communication with law enforcement, do not discuss your financial affairs, and contact a dedicated criminal defense attorney in Duluth. Do not provide any statements or documents without legal counsel.
What kind of evidence is typically used by the prosecution in these cases?
The prosecution often relies on financial records (bank statements, wire transfers), transaction histories, surveillance, witness testimony, communications (emails, texts), and potentially forensic accounting analysis to build their case.