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Arrested for Money Laundering in Dallas? The Right Dallas White Collar Crimes Lawyer Can Make a Difference in Your Case

Hire the Best Dallas Money Laundering Attorney

Dallas Money Laundering Attorney Charles Johnson  provides premier legal services for individuals facing money laundering charges.  Unlike many large corporate law firms, The Charles Johnson Law Firm structures a flat fee to cover these types of cases, rather than charging high hourly rates for work that is often unnecessary.

If you’ve been charged with or are under investigation for money laundering, it is important that you hire a highly skilled defense attorney with experience defending money laundering cases. Money laundering criminal investigations are extremely thorough and often involve financial experts who know how to follow the money trail.

The Federal crime of Money Laundering is traditionally understood to be the practice of filtering “dirty” money, or ill-gotten gains, through a series of transactions until the funds are “clean,” or appear to be proceeds from legal activities. The United States Criminal Code takes a broader stance towards money laundering, and criminalizes knowingly engaging in a broad array of financial transactions that involve money either derived from or meant to promote various illegal activities, or that involve certain elements of deception. While money laundering charges are often perceived as related with drug crimes, they are more frequently related with business-related crimes. For example, money laundering charges may be associated with illegal funds obtained through business fraud, mortgage fraud/real estate fraud schemes or other white collar crimes.

The Charles Johnson Law Firm represents individuals and institutions in matters such as:

  • Hiding money
  • Failing to file require cash transaction reports
  • Making multiple cash withdrawals or deposits slightly below the $10,000 reporting threshold
  • Evading taxes by underreporting income
  • Alleged Patriot Act violations
  • Illegal wire transfers
  • Financial transactions involving proceeds of unlawful activity
  • Other illegal transactions
  • Federal criminal appeals involving money laundering

Such activities are often viewed by federal prosecutors as indicators of money laundering. Dallas Money Laundering Lawyer Charles Johnson will provide a vigorous defense of clients who have drawn scrutiny from the federal government for their financial transactions. If the government is able to make the case that your financial transactions were an effort to “launder” money received from criminal activities such as drug trafficking or weapons trafficking, you will face forfeiture of your assets. Dallas Lawyer Charles Johnson is available to speak with you directly about your case, anytime night or day, at 214-234-0111 if you have been charged with or are being investigated for Money Laundering.

Overview of Money Laundering in Texas
Although money laundering can be a complex process, it usually involves three distinct steps that can occur simultaneously or sequentially. These steps are referred to as (1) Placement, (2) Layering, and (3) Integration.

  • Placement is the initial process of getting illegal funds into “the system,” or placing unlawful proceeds into legitimate financial institutions. A common technique used for placement is structuring, or “smurfing,” which involves dividing the funds into multiple deposits of cash that are below reporting thresholds and then depositing the funds at one or more institutions, using one or more individuals to make the deposits. Placement may also be accomplished by purchasing money orders or travelers checks at one institution and depositing them into accounts at other institutions.
  • Layering is the process of converting funds after they have entered the legitimate system. This step involves a series of complex financial transactions that move the funds in order to distance them from their illegal source. For example, dirty money may be converted to clean money through the purchase and sale of stocks, bonds, art, or jewelry. It may also be wired as payment for non-existent goods, disbursement to a non-existent borrower, or simply a transfer to another account.
  • Integration is the process in which the illegal funds re-enter the legitimate economy and become virtually indistinguishable from legal funds. The newly cleaned funds, often commingled with legitimate funds, are then ready for use, be it in investing in real estate, purchasing luxury items, or financing business ventures.

Common elements that drive the efforts of money launderers throughout this three step process include “the need to conceal the origin and true ownership of the proceeds, the need to maintain control of the proceeds, and the need to change the form of the proceeds in order to shrink the huge volumes of cash generated by the initial criminal activity.” It is important, when reviewing literature on money laundering, to be aware that a conviction for the crime of money laundering may not necessarily reflect activity that would traditionally be understood to constitute money laundering. For example, someone who buys legitimate goods online commits money laundering, under the federal statute, if the supplier is outside of the country and the supplies are intended to facilitate one of several crimes — even if the product is itself legal and is being used in a legal way. (For example, purchasing napkins in such a way would be money laundering, if they were to be used by an illegal casino.)

Off-shore Accounts

Identifying and verifying money laundering is a difficult task, partly because of the complexities of the multi-transactional process but also because of the legal, political, and economic barriers that interfere with and often completely prevent investigation or enforcement of U.S. law outside of U.S. borders. Some of these barriers are reduced through the use of “memoranda of understanding” (MOUs), or mutual agreements — between agencies or officials of different nations — to exchange information and cooperate in criminal investigations. However, not all nations enter into these or other cooperative agreements. Examples of these instances include Nauru, Myanmar, and Nigeria.

Costs and Statistics

There is no clear picture of the actual amount of money laundered globally. Estimates based on reported crimes will tend to underestimate the figure, and estimates based on the size of the underground economy will tend to overestimate the actual amount. Synthesizing a variety of sources, the International Monetary Fund cites figure of between ¾ of a percent to 2 percent of the world’s gross domestic product, when using the reported crime method and 5 to 85 percent of a nation’s economy (depending on the nation) when using the underground economy method. These two figures can be found in other sources, roughly combined to give a range of 2-5 percent of the world’s GDP. In 1996, the 2-5 percent formula yielded between 590 billion and 1.5 trillion dollars. This figure is relatively often quoted as being the range of the magnitude of the money laundering problem (sometimes “rounded up” to 600 billion)- such as by the FBI. The U.S. Department of the Treasury has also been quoted as estimating that “$600 billion represents a conservative estimate of the amount of money laundered each year.” Using 2005’s world GDP of 59.6 trillion, the 2-5% approach would give one a figure of between 1.2 and 3 trillion dollars. Of course, the research that provided the main support for the 2-5% figure is itself a decade old, and money laundering has become an issue commanding much greater legislative, regulative, and law enforcement attention in the wake of September 11th. In fiscal year 2001, federal law enforcement agencies in the U.S. seized more than $300 million in criminal assets that were attributable to money laundering. In 2001, U.S. district courts completed 1,420 money laundering cases and convicted 1,243 individuals, or more than 87 percent of the defendants prosecuted. Some of these cases involved more than $100 million in laundered funds, and one-fifth of the cases involved more than $1 million. Of the Money Laundering Control Act charges made in 2001, 63 percent involved fraud, bank embezzlement, transporting stolen property, and counterfeiting, and 16 percent involved drug trafficking. Almost half (44 percent) of the money laundering cases referred to U.S. Attorneys in 2001 occurred in the six geographic areas designated by the U.S. Departments of Justice and the Treasury as areas of high risk for financial crimes and money laundering activity (High Intensity Financial Crime Areas or HIFCAs). These areas are (with the year designated a HIFCA)

  • New York and Northern New Jersey – (2000)
  • Los Angeles – (2000)
  • San Juan, Puerto Rico – (2000)
  • The southwest Texas and Arizona/Mexico border – (2000)
  • The northern district of Illinois (Chicago) – (2001)
  • The northern district of California (San Francisco) – (2001)
  • Southern Florida (Miami) – (2003)

High Profile Examples/Case Studies

In 2006, Charles E. Edwards was sentenced to 13 years in prison and was ordered to pay $320,397,837 in restitution following his September conviction on charges of wire fraud, money laundering, and conspiracy to commit money laundering. The evidence showed that from 1996 through September 2000, Edwards, the founder of ETS Payphones, Inc. (ETS), raised capital to grow his coin-operated payphone business by using a network of independent insurance agents to sell payphones to investors throughout the United States for $5,000 to $7,000 per phone. Edwards convinced investors to buy payphones and lease them back to ETS for what Edwards claimed would be a guaranteed profit of approximately 14 percent per year. The scheme defrauded approximately 12,000 nationwide investors out of more than $400 million. Edwards siphoned off approximately $21 million of the fraud proceeds for himself and his wife. In addition, the evidence showed that Edwards engaged in a series of unusual and convoluted financial transactions, which served no legitimate business purpose and were intended solely to conceal and disguise the source, location, ownership, nature, and control of the proceeds involved in those transactions.In 2006, Edmundo P. Rubi was sentenced to 70 months in prison for conspiracy to commit mail fraud and money laundering. Rubi previously pled guilty to the charge that he conspired to conduct a scheme to defraud investors out of more than $12 million using his companies, Knights Express, Ltd. and Djmler Enterprises, Inc. Rubi was also ordered to pay restitution in the amount of $12,483,000. According to the plea agreement, beginning in 1999 and continuing up to October 31, 2001, Rubi formed and operated Knights Express Ltd. and Djmler Enterprises, Inc. for the purpose of soliciting investments from members of the public. In connection with his guilty plea, Rubi admitted that he made fraudulent representations that investor funds would be used to purchase and resell Federal Reserve notes in an international trading program. In actuality, no such international trading program existed. Millions of dollars of investor funds were used instead to pay the periodic returns that investors received and to make unsecured investments. Rubi also intentionally concealed from investors the fact that millions of dollars of investor funds were converted for his own personal use and benefit.The Drug Enforcement Agency (DEA) and U.S. Attorney’s Office in New York completed in 2002 a “long-term investigation targeting the money laundering and narcotics activities of the Khalil Kharfan Organization operating in Colombia, Puerto Rico, Florida, and the New York Tri-State area.” Initial statements by the agencies indicated that more than $100 million in narcotics proceeds were laundered in the scheme. The organization used members to open fictitious businesses, which they used for the deposit and transfer of money between countries. Approximately $1 million has been recovered.In 2002, a California jury convicted two principals in a Costa Rican tax evasion-money laundering ring. Wayne Anderson, 62, and Richard Marks, 58, were arrested in one of the largest undercover stings in IRS history. The two men were charged with conspiracy to launder $470,000, mostly through offshore trusts that concealed millions of dollars for U.S. taxpayers who wanted to evade U.S. taxes. The case resulted in seven federal convictions. “A Nashville, Tennessee man was sentenced to 20 years in jail for his three-year role in a large-scale cocaine distribution and money laundering organization in the Nashville area. The individual pled guilty to conspiracy to commit money laundering and conspiracy to distribute cocaine. The defendant used several vehicles with sophisticated hidden compartments to transport the cocaine and the proceeds to pay for it back and forth between Chicago and Nashville.” “On June 21, 2002 a federal jury in North Carolina convicted Mohamad Hammoud and his brother Chawki, Lebanese immigrants, for providing material support to the terrorist group Hezbollah through racketeering, conspiracy, and conspiracy to commit money laundering by funneling profits from a cigarette smuggling operation. In March 2002, several of the Hammoud’s co-defendants pled guilty in North Carolina federal court to racketeering, conspiracy, and conspiracy to commit money laundering for funneling profits from their cigarette smuggling operation to purchase military equipment for the Hezbollah terrorists. The case began when the West Virginia State Police seized a significant quantity of contraband cigarettes. The Federal indictment alleged that millions of dollars worth of cigarettes were smuggled out of North Carolina to resell in States, including Michigan, where higher State taxes greatly increase the sales price.”

The Response/Current Efforts

Legislation and Regulation The U. S. has imposed a number of legislative and regulatory standards to deter money laundering. The most significant of these are the following:

  • The Bank Secrecy Act (BSA), signed into law in October 1970, implemented a reporting system for large financial transactions (over $10,000) to monitor and deter the flow of criminally obtained proceeds. (Codified 31 U.S.C. §§ 5311-5330)
  • The Money Laundering Control Act of 1986 amended the BSA and specifically made money laundering – spending, saving, transporting, or transmitting proceeds of criminal activity – a federal felony. (Codified 18 U.S.C. §§ 1956 and 1957)
  • The Anti-Drug Abuse Act of 1988 increased the penalties and sanctions for money laundering crimes and amended the money laundering provisions of 18 U.S.C. § 1956 to include financial transactions with the intent to violate § 7201 (attempted tax evasion) or § 7206 (false tax return) of the Internal Revenue Code of 1986 (26 U.S.C.). (Pub. L. 100-690)
  • The Racketeer Influenced and Corrupt Organizations (RICO) Act identified violations of money laundering statues as “predicate offenses” that constitute racketeering activity and provided for both civil and criminal actions against violators. (Codified 18 U.S.C. §§ 1961-1968)
  • The Money Laundering and Financial Crimes Strategy Act of 1998 required that the Secretary of the Treasury coordinate and implement a national strategy to address money laundering. (Pub. L. 105-310)
  • The USA PATRIOT Act of 2001 established new rules and responsibilities affecting financial institutions and commercial businesses to prevent, detect, and prosecute terrorism and international money laundering. For example, the Act required banks to actively monitor customer transactions, expanded the ability of public and private institutions to share information, and increased civil and criminal penalties for money laundering. (Pub. L. 107-56)

Current Efforts To Reduce Money Laundering In 2005, the Drug Enforcement Agency (DEA) completed Operation Mallorca, an investigation into the use of the Columbian Black Market Peso Exchange to launder drug money. Operation Mallorca resulted in the arrest of 36 individuals and the seizure of 7.2 million dollars, 947 kilograms of cocaine, 7 kilograms of heroin, and 21,650 pounds of marijuana. In 2005, the multinational Organized Crime Drug Enforcement Task Force completed Operation Cyber Chase, an investigation that targeted illegal Internet pharmacies. These pharmacies used more than 200 websites to sell controlled substances internationally and to launder the proceeds. Just one of the organizations involved used this system of web-based distribution to move approximately 2.5 million dosage units of Schedule II-V pharmaceuticals (including Vicodin, amphetamines, and anabolic steroids) permonth. “Operation Wire Cutter,” a two and a half year joint effort of U.S. and Colombian law enforcement, uncovered a massive money laundering operation for several Colombian narcotics cartels that channeled money through New York, Miami, Chicago, Los Angeles, San Juan, and Puerto Rico using the Black Market Peso Exchange. The efforts resulted in 37 arrests – 29 in the U.S. and eight in Colombia – as well as the seizure of more than $8 million, 400 kilos of cocaine, 100 kilos of marijuana, 6.5 kilos of heroin, nine firearms, and six vehicles. Since the attacks of September 11, 2001, efforts to reduce money laundering – throughout the world – have increased significantly, with particular attention paid to associations with terrorist activities. Effective September 24, 2001, for example, President Bush issued Executive Order 13224, “blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism.” Initially, 27 individuals and organizations were identified as Specially Designated Global Terrorist (SDGT) entities under Executive Order 13224. By June 6, 2003, 282 individuals and organizations had been identified as SDGTs, and over $137 million in associated assets had been frozen worldwide. In July 2002, the second National Money Laundering Strategy issued by the U.S. Department of the Treasury pointedly addressed the issue of money laundering as “integral to the war on terrorism.” Specifically, the strategy (1) presented “government’s first plan to attack financing networks of terrorist entities” and (2) focused on “the use of charities and other non-governmental organizations to raise, collect, and distribute funds to terrorist groups.”

Penalties for Money Laundering Charges in Texas

Money laundering refers to the process of concealing financial transactions. Various laundering techniques can be employed by individuals, groups, officials and corporations. The goal of a money laundering operation is usually to hide either the source or the destination of money in connection with a criminal act.

Money laundering is a white collar crime that will be investigated by many different sources including: local, state and federal investigators that may also include the Department of Justice, the State Department, the Federal Bureau of Investigation (FBI), the Internal Revenue Service (IRS) and the Drug Enforcement Agency (DEA). A person can be charged with money laundering if suspected of receiving, concealing, possessing, transferring, transporting or having any interest in the proceeds of criminal activity. In fact a money laundering charge can be filed against a person that has almost anything at all to do with the proceeds of a criminal act. In Texas, money laundering charges have varied penalties depending on the amounts involved:

  1. Value from $3000 to $19,999 = third degree felony (2-10 years in prison plus a hefty fine if convicted)
  2. Value from $20,000 to $99,999 = second degree felony (2-20 years in prison plus a hefty fine if convicted)
  3. Value from $100,000 and up = first degree felony (5 to life years in prison plus a hefty fine if convicted)

There are several different types of money laundering charges you can face. Some are more serious than others and could result in severe punishments and steep fines. In fact, if you are convicted of money laundering, you could be forced to pay a fine up to twice the amount of the total dollar amount of funds involved in the illegal activity.

It is important that you contact Dallas White Collar Crimes Lawyer Charles Johnson as soon as you are aware of charges against you or a loved one. If you are confronted with federal charges, you will want an experienced attorney who is familiar with federal court procedure as it is quite different from the state court process. Attorney Charles Johnson is well-versed in both federal and state law and court procedure. No matter what your money laundering charges or other white collar crime charges entail, you can trust that he will prepare a solid defense on your behalf.

Defenses for Money Laundering Charges in Texas

  • Absence of intent to commit a crime — Most crimes require intent to commit the crime. In terms of money laundering, people who are accountants, bankers, or others who deal with large amounts of money are often charged with money laundering without even knowing they committed a crime. If you can prove you were unaware the money obtained was illegal, then there is no way you can have intent to commit money laundering.
  • Duress — Duress occurs when a person truly believes there will be some danger or harm if they do not participate in the crime. In money laundering, criminals often force accountants or bankers to launder illegally obtained money or else be subjected to harm. If this is the case, you will have a good duress defense (as the banker or accountant).
  • Insufficient evidence — A criminal charge can be dismissed if there is insufficient evidence to prosecute. In money laundering, an intention to prevent illegally obtained funds from being traced to its origin is required for a conviction. A conviction also requires proving the money laundered came from a specific illegal activity. If one of these two things is missing, then there is a possibility this defense will work.

The main defense to Money Laundering is the defendant’s lack of knowledge that the funds were from an unlawful activity. Attorney Charles Johnson may be able to establish that you did not intend to promote unlawful activity or that the transaction was not designed to conceal the unlawful activity. This is usually a valid defense when a person is merely an employee of a business, or a non-involved partner who is basically “duped” into managing a business whose proceeds are the result of an illegal activity. This defense can be supported with evidence from the company’s financial statements or accounting records showing material misrepresentation or omissions, committed by someone else other than the defendant. Many times one devious business partner will ask another partner to “sign off” on certain loan documents or tax returns without telling the defendant that the information contained therein is false misleading. Just because a defendant has signed off on paperwork that might be designed to cover up the source of money or funds does not mean the defendant actually knew about the source of the funds. It is important to interview all of the parties involved to ascertain the defendant’s good character and honesty and lack of control over this area of the company’s finances, and to emphasize the partner’s bad character. Another defense is tracing the funds involved in the transactions and proving that these specific funds did not fund, nor were the proceeds of, any unlawful activity. The defenses for Money Laundering are quite complex (as are all white collar cases) and involve many hours of records research by attorneys and expert witnesses. It is often beneficial to utilize a “forensic accountant” to also go through the documents in order to defend against the Government’s allegations.

Hire the Best Dallas White Collar Crimes Attorney Additionally, because the Charles Johnson Law Firm fights conviction from all angles, they will assert a wide range of defenses and challenges to constitutional violations that apply in all criminal cases. The possibilities are numerous and diverse. One of those is the “denial of right to Counsel”. This occurs when a suspect is in custody and requests to speak to their attorney, but is denied and questioning continues. Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what else you have been charged with, this could include exposing flawed procedures regarding fingerprints analysis; computer analysis/cloning hard drive procedures; GPS tracking monitors; forensic financial accounting reviews; etc.. Lastly, one of the most common defense tactics is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction. It is important to hire a skilled Money Laundering lawyer to defend you who has knowledge of all the possible defenses to assert in your case. While related charges can further complicate a money laundering defense or other type of case, it is important to remember that just because you have been accused, doesn’t mean you are guilty. Contact Dallas White Collar Crimes Lawyer Charles Johnson immediately for your free phone consultation. Attorney Johnson will take your call 24/7 365 days/year at 214-234-0111 to discuss your case. Put his knowledge to work for you.

Hire the Best Dallas Money Laundering Lawyer: Dallas White Collar Crimes Lawyer Charles Johnson

At the Charles Johnson Law Firm, our attorneys possess the necessary skills and knowledge to successfully defend individuals facing federal money laundering charges. Unless you retain counsel who will aggressively investigate the matter on your behalf, you may have a poor chance of avoiding a lengthy prison term among other severe consequences. Money laundering is a serious offense with potential long-term consequences including jail time.When your future is at stake, contact the Leading Dallas Criminal Lawyer at the Charles Johnson Law Firm. You can reach Attorney Johnson directly anytime night or day at 214-234-0111.

Dallas Money Laundering Lawyer The Charles Johnson Law Firm

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Arrested for Federal Drug Trafficking in Dallas? Select the Right Federal Drug Lawyer

Recommended Dallas Drug Trafficking Lawyer
If you have been caught with drugs or accused of selling or trafficking in drugs, you may be charged under state or federal drug laws. Federal drug laws are usually – but not always – much harsher than state drug laws. Over the many years of representing clients in the Dallas area, Federal Drug Lawyer Charles Johnson has handled the cases of many individuals charged with drug charges and or drug related offenses and have come to understand that good people fall into bad times and then bad situations. Sometimes people break the law because they wanted to provide a better life for their families. You begin to understand the forces that shape humans, and you better understand why and how someone could end up in the backseat of a cop car, and you want to help.

Dallas Drug Possession Lawyer Charles Johnson sees more criminal cases involving drug charges than probably any other criminal offense aside from drunk driving. In times of economic depression people turn to drugs and alcohol as a way of dealing with the stress of job loss and financial insecurity. It is no secret that until the United States Government treats drug use and abuse like a health issue instead of a crime there will always be a need for an Dallas Drug Lawyer who specializes in helping people avoid jail time for drug possession charges, drug trafficking charges and/or other drug-related offenses. Our top ranked Federal Drug Lawyers are not only well-equipped to provide you with assistance through your Possession of a Controlled Substance case, but you will also find that they are also willing to listen to what you are going through without judgment or recrimination. We get that no one wakes up and decides to become a heroin or meth addict. It is the end result of a slippery slope that addicts and users have been sliding down for years.

If you are looking at Federal Level cocaine charges or heroin possession that also as related charges of “intent to distribute” or possibly other related offenses that elevate your drug crimes to the level of federal rather than local attention, you need to hire the experienced Dallas Drug Trafficking Lawyers at the Charles Johnson Law Firm. There is a huge difference in not only the drug possession charges themselves, but how they must be handled. Courts are sometimes willing to overlook a possession of a controlled substance – even cocaine charges if the amounts imply a “personal use” and if it is your first offense. If your case involves not only a drug possession charge but also with intent to distribute, the courts are looking to put you away for a long time. Dallas Drug Crimes Attorney Charles Johnson will mount an aggressive offense to suppress evidence, as well as paint you as a human being with a story that is worth listening to.

Those who have been arrested with large quantities of drugs are without a doubt seen automatically as villains, as opposed to those who have personal use levels. These individuals require that their drug offense lawyer suggest drug rehab or other inpatient program that will satisfy the courts that the person is taking the drug possession charge seriously. When, however, you have been arrested in Dallas on drug charges that also involve drug trafficking or intent to distribute you must quickly move to mount an aggressive defense that looks to suppress evidence. The Charles Johnson Law Firm will work tirelessly to move to suppress, to push for discovery, and mount a strategic and hard-hitting defense. This is the type of Federal drug defense lawyer you need, not someone who is rushing from court to court handling arraignments and accepting the first plea deal an ADA throws out.

Moreover, you will find as you look around that many of the cheaper, flat-rate attorney’s are actually only marijuana attorney’s and not the type of aggressive drug defense lawyer who can stand up to the Feds and mount the type of defense that will see you back in your home watching the Superbowl next year. You don’t want to find out once it is too late that your drug lawyer has never handled a case of your size before. When you are looking for lawyers for drug charges, especially in cases of distribution or potential trafficking, you must find an experienced drug defense lawyer. Drug possession charges are one thing, drug distribution or trafficking is another. You need a skilled Federal Drug Trafficking Lawyer to handle this type of case.

Federal crimes such as those involving drug trafficking have high conviction rates. Without a dedicated, experienced Dallas drug possession lawyer on your side you could very well be looking at a great deal of jail time for your drug-related offense. Dallas Drug Attorney Charles Johnson will work aggressively to suppress evidence, create plea bargains or find grounds for dismissal. He will not rest until he finds some means of mitigating, lowering, or dismissing the charges against you. When you are seeking out lawyers for drug charges look to us!

That’s our promise to you. Call Dallas Lawyer Charles Johnson today at 214-234-0111 to see how Dallas’ #1 rated Criminal Firm can help your case. Attorney Johnson is directly available 24/7.

About Drug Trafficking

Drug trafficking is generally referred to as the manufacturing, transporting and distributing of large quantities of drugs. It often involves more than one person. Drug trafficking charges are wide and varied depending on the scope of the trafficking. Additionally, if the drug trafficking was directed towards minors, then prosecutors will seek enhancements to the charges. State and federal governments have adopted strict laws and severe penalties regarding the trafficking of drugs. Penalties can approach seven figures and decades in prison for severe cases. Dallas Criminal Lawyer Charles Johnson has proven how to successfully approach and handle these types of cases and he should be contacted immediately when an arrest is made for drug trafficking.

Drug Trafficking is probably the most charged offense in federal court and is also quite prevalent in state courts. Because of the severity of the sentences, evidence and all circumstances and conditions regarding your arrest will be thoroughly examined by the Charles Johnson Law Firm and their team of experienced investigators. Drug trafficking cases can be quite involved, and with the vast amounts of drugs coming in from Mexico, prosecutors are aggressively pursuing convictions.

Types of Drug Trafficking Laws

Drug trafficking laws vary by country and region, but generally include distribution, manufacturing, and dispensing certain categories of controlled substances. Usually, the drugs are classified according to type and the addictive nature of the drug. Highly addictive narcotics like heroin and crack typically fall into one class, while marijuana and prescription drugs are considered less harmful. International drug trafficking laws are commonly handled under customs law.

Possession of drugs with the intent to sell routinely falls under drug trafficking statutes. If someone is found with a large amount of narcotics, it may be presumed that he or she intends to distribute the drugs for money. Different regions determine how much and what kind of drug is considered outside limits for personal use. Penalties for violations of these drug trafficking laws are often based on the quantity of the substance and its type.

Those who manufacture drugs may be charged under drug trafficking laws in most places. These sections of the law typically include possession of chemicals or equipment needed to make the controlled substance. Narcotics laws in each country outline the exact chemicals or equipment considered illegal.

Drug trafficking laws may include a provision that allows law enforcement to seize assets used to commit a crime. For example, if drugs are sold from a house or vehicle, a judge may order that those assets be forfeited to the government. The property is typically sold at a public auction, with the proceeds going to fund narcotics operations.

Almost any scheduled narcotic can qualify for a drug trafficking charge. In state courts the amount of drugs (cocaine, cannabis, extasy, crystal meth, acid, heroine, prescription medication) will determine if a possession charges becomes a trafficking charge. Even if you are only going to used the drugs for your personal consumption, the amount that you possess could bring a trafficking charge. You may also qualify for a distribution charge if it appears that a small amount of drugs was packaged for distribution. Each state is different as to the amount necessary for the trafficking charge. Under the federal statute you can be charged for the amount you have and or the amount you were trying to buy from a government agent. You may never actually possess the drugs, but you will be charged.

Supplying drugs to children or using minors to distribute narcotics generally carries tougher penalties than those that apply to adults. In some areas, maintaining a home for the purpose of making or distributing drugs where children live is also considered a more serious drug trafficking offense. Stiffer sanctions might also be imposed for those who sell drugs near schools, playgrounds, arcades, and other areas where children congregate.

Laws also exist that regulate drug trafficking by criminal gangs or organized groups. Penalties might be enhanced if weapons are used in the distribution of a controlled substance. Those with profits from organized sales of narcotics can also be prosecuted under money laundering statutes in some jurisdictions.

Defenses for Drug Trafficking Charges

Dallas Criminal Lawyer Charles Johnson will provide skilled advice and representation to clients facing state or federal drug charges. He is considered an expert when defending against charges related to:

  • Interception of a drug shipment
  • Drug conspiracy charges
  • Interstate drug distribution
  • Undercover interstate trafficking stings
  • Illegal sale and trafficking of prescription drugs
  • Illegal sale and trafficking of cocaine, heroin, marijuana, methamphetamine (meth), MDMA (Ecstasy)

Drug trafficking charges often hinge on the prosecution’s illegal search and seizure of your vehicle, undercover drug operations, and confidential informants who are attempting to make a deal. As an expert lawyer skilled in drug cases, Attorney Johnson will thoroughly investigate how the prosecution came upon the evidence collected and determine if the method of collecting the evidence is in violation of your constitutional rights.

The court will have no choice but to keep any illegally obtained evidence out of trial. Attorney Johnson’s ability to thoroughly investigate drug cases and vigorously challenge the factual and constitutional merits of the prosecution’s case has proven effective in his defense of clients facing drug trafficking charges involving cocaine, heroin, marijuana, methamphetamine (meth) or prescription narcotics.

Even if the police find drugs directly in a person’s possession, the drugs and other evidence could be suppressed (thrown away) if the police did not follow the proper procedures required under the U.S. Constitution. One of the first things Attorney Johnson will look for when defending someone accused of a drug offense is whether the police themselves acted in a legal manner. Other defenses include areas such as whether the actual weight of the substance was correct when allowing for hydration, whether the chemical composition of the substance was correct as charged, whether there was joint or constructive possession of the substance which could subject the case to a Motion to Dismiss and whether the accused was entrapped into committing the offense by law enforcement or one of its informants.

Another possible defense for drug trafficking charges would involve a violation of constitutional right to counsel and right to remain silent. Once charged or in custody, you are required to be informed of your rights and given access to legal representation if you request it. Contact Dallas Criminal Lawyer Charles Johnson immediately upon arrest before saying anything that could be used against you in the future. This can often mean the difference between a conviction and walking away free of any charges. You would be surprised at how many cases result in a conviction due largely to statements made by the accused.

Other possible defenses may include:

  • Lack of knowledge
  • Mistake of fact (For example, thinking the drug was sugar when in fact, it was cocaine.)
  • Duress (For example, if Bob was forced to transport the cocaine because if he refused, something bad would happen to his family.)
  • The substance was not intended for human consumption

Lastly, Federal Drug Lawyer Charles Johnson will determine if inappropriate charges were filed. Drug trafficking is a highly political issue, and you may find yourself facing inflated charges. The right attorney can insure that any charges you do face are appropriate to the acts alleged by the prosecutor.

At the Charles Johnson Law Firm, we have the experience and know-how to guide you through this complicated process from the moment of your arrest through trial, if necessary.

The defense of drug-related crimes can be difficult and complex and requires an attorney with special skills, experience and knowledge. Dallas Criminal Lawyer Charles Johnson is highly qualified to defend your case. Whether it is identifying a drug addiction issue so that we may assist in getting them treatment or counseling, negotiating a fair resolution in an effort to have charges or a sentence reduced or preparing and taking a case to trial, the Best Dallas Criminal Lawyer is available to assist and defend you.

As an extremely experienced criminal lawyer specializing in drug cases at both the Federal and State level, Dallas Criminal Lawyer Charles Johnson is well aware of the strategies, theories and methods employed by prosecutors when they prosecute a drug case. Attorney Johnson will use this knowledge to his client’s advantage while defending their cases to get the best possible outcome on their behalf.

We are proud to represent and care about our clients. We know the devastation that a drug conviction, an addiction or incarceration for a drug offense can bring to an individual or his/her family. We will answer your questions and guide you through the whole process, working to take away some of the confusion and uncertainty that comes along any drug offense charge, while all along seeking the most favorable outcome for you or your loved one.

Drug Trafficking by Criminal Gangs

There are nearly 1 million active gang members in the United States, based on analysis of federal, state, and local data, and the involvement of criminal gangs in domestic drug trafficking is becoming increasingly complex. Since 2001, many gangs have advanced beyond their traditional role as local retail drug distributors in large cities to become more organized, adaptable, deliberate, and influential in large-scale drug trafficking. Much of their growing influence has come at the expense of local independent dealers and small local criminal groups who cannot compete with gangs that establish control in smaller drug markets.

The influence of Hispanic and African American street gangs is expanding as these gangs gain greater control over drug distribution in rural and suburban areas and acquire drugs directly from Drug Trafficking Organizations (“DTOs”) in Mexico or along the Southwest Border.

In 2009, midlevel and retail drug distribution in the United States was dominated by more than 900,000 criminally active gang members representing approximately 20,000 domestic street gangs in more than 2,500 cities. These street gangs vary greatly with respect to their ethnic or racial identities, the types and amounts of drugs that they distribute, their strength and influence, and their adaptability. Their prevalence varies geographically, with the greatest concentration of street gangs occurring in the Great Lakes, Pacific, Southeast, and Southwest Organized Crime Drug Enforcement Task Force (OCDETF) Regions.

Many Hispanic and, to a lesser extent, African American gangs are gaining control over drug distribution outside urban areas that were previously supplied by local independent dealers or small local criminal groups. Around 2007, Hispanic and African American gangs throughout the country, but especially in the Southwest and Great Lakes Regions, began to command greater influence over drug distribution in many rural and suburban areas. This trend continued in 2009. For example, in 2009, the Avenues street gang based in Los Angeles, California, expanded its operations to distribute drugs in suburban and rural locations throughout southern California.

To increase their control over drug trafficking in smaller markets, street gangs have been increasingly acquiring larger wholesale quantities of drugs at lower prices directly from DTOs in Mexico and along the Southwest Border. Several Southwest Border street gangs, such as Shelltown 38th Street, Tri-City Bombers, and Vallucos, smuggle wholesale quantities of drugs obtained in Mexico into the United States. By purchasing directly from Mexican wholesale sources in Mexico or along the Southwest Border, gangs throughout the country realize cost savings that enable them to sell drugs at lower prices than local independent dealers in small communities, driving these dealers out of business. For example, members of the Chicago-based Latin Kings street gang who operate in Midland, Texas, purchase cocaine from Mexican traffickers in south Texas for $16,000 to $18,000 per kilogram, compared with $25,000 to $35,000 per kilogram from wholesale traffickers in Chicago. With this savings, the gang undersells other local dealers who do not have the capacity to buy large wholesale quantities directly from Mexican DTOs in Mexico or along the Southwest Border.

Hispanic prison gangs, primarily in Southwest Border states, are gaining strength by working directly with Mexican DTOs to acquire wholesale quantities of drugs and by controlling most street gangs in areas along the Southwest Border.

Prison gangs are active in all 50 states and are increasing their influence over drug trafficking in areas along the Southwest Border (see Table B4 in Appendix B). Prior to 2001, the criminal influence of prison gangs was limited primarily to retail-level drug distribution. However, since that time, Hispanic prison gangs have become increasingly involved in the transportation and wholesale distribution of drugs.

Hispanic prison gangs such as Hermanos de Pistoleros Latinos (HPL) and Raza Unida operating in Southwest Border states have increased their involvement in wholesale drug distribution activities through cooperative relationships with Mexican DTOs. Through these relationships, Hispanic prison gangs are able to gain access to wholesale quantities of drugs. For example, in September 2009, 21 members of HPL were convicted in the Southern District of Texas (Dallas) of conspiring to distribute more than 150 kilograms of cocaine and laundering millions of dollars in drug proceeds. In April 2009, 15 members and associates of the Raza Unida prison gang were indicted for trafficking multikilogram quantities of cocaine and methamphetamine weekly in McAllen and Dallas, Texas.

To ensure a consistent profit stream from the wholesale drugs that they purchase from Mexican DTOs, Hispanic prison gangs distribute drugs through street gangs that they largely, if not entirely, control. Through force or intimidation, Hispanic prison gangs exercise significant control over local gangs that distribute their drugs in the Southwest Border region. For example, Barrio Azteca prison gang members operating in El Paso, Texas, collect drug payments and taxes from 47 street-level gangs and independent drug dealers trafficking drugs in El Paso.

Potential Penalties for Drug Trafficking

The penalties for drug trafficking offenses vary and depend on a number of factors. These include the type and amount of illegal drugs (also called “controlled substances”) found in a person’s possession, whether the person is a repeat offender and the state in which the person is charged.

Drug trafficking or distribution in Texas is a felony upon which a wide range of penalties may be imposed. It may be anywhere from a state jail felony, which carries the lightest sentence, to a first degree felony, which carries the harshest. The factors influencing which sentence will be imposed are: (1) the amount of the drug being distributed or delivered; and (2) the type of drug and which of the four groups of drugs it is classified under. The smaller the amount of a drug in a certain group, the lighter the sentence may be.

Texas has some very heavy penalties for drug trafficking. Prosecutors may often offer plea deals to defendants where they may offer a charge with a lesser penalty in exchange for information that would help them gather evidence for a higher priority investigation.

The sentences involved may range anywhere from 180 days to two years in state jail and/or a fine of no more than $10,000 for a state jail felony, to life in the Texas Department of Criminal Justice or a term of 15 to 99 years in prison and/or a fine of not more than $250,000 for the heaviest first degree felony. The harshness of the sentence imposed depends on how much of the drug is being trafficked. For example, trafficking or distributing less than one gram of a substance in the first grouping of drugs carries a state jail felony charge, whereas trafficking 400 grams or more of any one of the same drugs carries a first degree felony charge that may include a life sentence.

At the Federal level, the Controlled Substances Act (PL 91-513, 1970, last amended in 2000) provides penalties for the unlawful manufacture, distribution, and dispensing (or trafficking) of controlled substances, based on the schedule (rank) of the drug or substance. Generally, the more dangerous the drug and the larger the quantity involved, the stiffer the penalty. Trafficking of heroin, cocaine, LSD, and PCP, all Schedule I or II drugs (see Table 2.1 in Chapter 2), includes mandatory jail time and fines. A person caught selling at least five hundred grams but less than five kilograms of cocaine powder (seventeen ounces to just under eleven pounds) will receive a minimum of five years in prison and may be fined up to $2 million for a first offense. (See Table 6.1.) The same penalty is imposed for the sale of five to forty-nine grams of cocaine base (“crack”). Five grams are equal to the weight of six plain M&Ms candies, and forty-nine grams are a little more than a bag of M&Ms candies (47.9 grams). The high penalty for selling crack is an expression of the unusual severity with which legislators are trying to curb the use of this drug.

Penalties double with the second offense to ten years in prison and up to $4 million in fines. When higher quantities are involved (five or more kilograms of cocaine powder, fifty grams or more of crack, etc.), penalties for the first offense are ten years, and fines up to $4 million may be levied. For the second offense, twenty years and up to $8 million in fines are given, and the third offense results in mandatory life imprisonment. These examples are for an individual. Higher penalties apply if an organized group is involved or if a death or injury is associated with the arrest event.

These penalties apply also to the sale of fentanyl (a powerful painkiller medicine) or like-acting drugs, heroin, LSD, methamphetamine, and PCP. The smallest amount, which can earn someone a minimum sentence of five years in prison and a fine of up to $2 million, involves trafficking in LSD, where a one-gram amount carries a five-year minimum sentence in prison.

Special penalties exist for marijuana trafficking, since it may be traded in large quantities or grown in substantial amounts. The lower the amounts sold or the fewer the plants grown, the lower the sentence. A person cultivating one to forty-nine plants or selling less than fifty kilograms of marijuana mixture, ten kilograms or less of hashish, or one kilogram or less of hashish oil may get a maximum sentence of five years in prison and a maximum fine of $250,000. Sentences for second offenses involving large amounts of marijuana may earn the trafficker up to life imprisonment.

The penalties for drug trafficking are harsh, and reflect the seriousness of this felony offense and the current political climate. A conviction can lead to jail time, forfeiture of property and fines, but that is only part of the story. It places your current employment in jeopardy, places a severe emotional strain on you and your family, adversely affects your ability to find new work, and places your entire future at risk.

Hire the Best Dallas Drug Trafficking Lawyer: The Charles Johnson Law Firm

A drug trafficking conviction can have an extremely adverse effect on a person’s current and future life in many regards. Both state and federal prosecutors have their eye on a conviction of the most severe charges possible and not on your rights. Dallas Criminal Lawyer Charles Johnson will work diligently with prosecutors regarding any circumstances or conditions that could result in charges being dropped or reduced. If necessary, our firm can take your case to court and present a strong defense on your behalf.

Best Dallas Drug Trafficking LawyerThe Charles Johnson Law Firm expertly handles all types of Texas drug-related offenses, from the less severe, like simple possession of a small amount of certain drugs, to the more serious ones, such as participating in an organized drug trafficking business with sale, distribution and manufacturing activities. We also defend charges involving controlled substances, such as, marijuana, crack, paraphernalia, cocaine, heroin, ecstasy, methamphetamines (meth), hallucinogens such as LSD, oxycontin, oxycodone, hydrocode, xanax, and Rohypnol club drugs. We represent all levels of people charged with drug offenses, from the student or small time person, to the professional, medical doctor or person accused of being a large scale distributor or trafficker.

If you have been arrested for drug trafficking in Dallas, TX, take fast action with a skilled and resourceful Dallas Criminal Lawyer. Contact the Charles Johnson Law Firm immediately anytime night or day for a free phone consultation to discuss your case.

Dallas Lawyer Charles Johnson can be reached directly 24 hours a day, 7 days a week.
Call us at 214-234-0111 or toll free at 877-308-0100.
Major Credit Cards Accepted.


The Best Dallas Federal Drug Trafficking Lawyer - The Charles Johnson Law Firm

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Dallas Lawyer: Arrested for Distribution Of Cocaine?

Recommended Dallas Criminal Defense Lawyer

Felony charges for drug possession or distribution are the most typical felonies in criminal law.

If you’ve been charged with possession or distribution of cocaine, the Leading Dallas Lawyer can help you to clear your name of the charges. The federal court system is notorious for the incredibly harsh penalties for illegal drug cases. Most of these cases are prosecuted as conspiracies and, with the way sentences are calculated with the Federal Sentencing Guidelines, lower-level dealers can have their sentences increased drastically based on the quantity of illegal drugs having been dealt by their claimed partners. The federal system is very different than the state court structure in these criminal matters. These cases will need legal counsel who’s experienced and acquainted with the various trial rules and sentencing guidelines. This experience provides him a tremendous edge over those attorneys who don’t practice on a regular basis in federal court. The Leading Dallas Criminal Attorney has effectively represented many clients facing drug charges in both State and Federal court, and he can achieve the same for you.

Cocaine Distribution in Dallas

Dallas is one of the most significant cocaine distribution centers within the United States. It’s a distribution center utilized by numerous drug traffickers to provide illegal drugs to major market areas throughout the United States as well as to supply dealers located within the Dallas HIDTA (High Intensity Drug Trafficking Area) region. Cocaine, Crack, marijuana and, to a lesser extent, heroin, methamphetamine, and MDMA (three,4-Methylenedioxymethamphetamine, also recognized as Ecstacy) are transshipped from Dallas to main market locations including Atlanta, Chicago, Dallas, Denver, Detroit, Kansas City, Los Angeles, New York, Philadelphia, and St. Louis. Once illegal drug shipments are delivered to Dallas, they’re frequently stored at local stash sites awaiting additional distribution to illegal drug markets. Drug trafficking operations are very susceptible at these stash sites; seizures of unlawful drugs from places where significant quantities are stored usually result in a significantly larger loss for DTOs (Drug Trafficking Organizations).

Dallas’s well-developed highway system, organized financial structure, racial and ethnic diversity, and substantial volume of international trade contribute towards the area’s role as a main shipment point for illegal drugs meant for U.S. drug markets and illegal drug profits headed for Mexico. The substantial quantity of drug-related investigations linked to the city exemplifies Dallas’s role as an important national drug distribution and cash laundering center.

Definition: Drug Trafficking Organizations, Criminal Groups, and Gangs

Drug trafficking organizations (DTOs) are sophisticated organizations with highly defined command-and-control structures that transport, distribute, and/or produce sizeable amounts of one or more unlawful drugs.

Criminal groups operating in the United States are numerous and consist of limited to moderately sized, loosely knit organizations that disperse one or more illegal drugs at the retail level and midlevel.

Gangs are defined by the National Alliance of Gang Investigators’ Associations as groups or associations of three or more persons with a common identifying sign, symbol, or name, whose members on their own or collectively practice criminal activity that produces an atmosphere of intimidation and fear.

Mexican DTOs are the most pervasive organizational threat towards the Dallas area. The proximity of their operations to the U.S.- Mexico border along with their access to major drug market locations all through the U.S. have empowered Mexican DTOs to emerge as the main traffickers in the region, in most areas along the U.S.-Mexico border, and in numerous areas of the United States.

Prison gangs, street gangs, and outlaw motorcycle gangs (OMGs) disperse illegal drugs at both the retail and wholesale levels in the Dallas area. Nearly all gangs in the region use illegal drug trafficking as their main source of income. Although most gangs distribute drugs at the retail level, some have developed partnerships with Mexican DTOs that permit them to acquire wholesale quantities of drugs directly from Mexico. These gangs are most prevalent in urban locations, including Dallas, Corpus Christi, and Beaumont, where violence associated with their drug- and gang- related activities is often a considerable menace to community and law enforcement protection.

As a direct result Hurricane Katrina, associations among New Orleans and Dallas drug traffickers are reportedly increasing. Approximately 150,000 Katrina evacuees relocated to the Dallas area as a result of the hurricane. Several of these evacuees had been illegal drug traffickers from high-crime areas of New Orleans and, upon relocating to Dallas, developed associations with drug dealers and gang members. Many of these traffickers have returned home to New Orleans, and the connections that they built with these Dallas-based drug dealers have provided them the ability to obtain significant quantities of illicit drugs directly from connections in Dallas.

The distribution and exploitation of illicit drugs in the Dallas region places considerable societal and economic burdens on communities and local, state, and federal agencies. Crack cocaine is the major illegal drug of abuse for numerous illegal drug abusers in urban areas of Dallas; the drug has experienced a significant effect on the level of violent and property crime occurring in a number of communities. However, the quantity of cocaine, marijuana, and methamphetamine seized in the region has lessened in recent years. This reduction can be attributed, in part, to a rise in seizures made prior to the drugs being smuggled across the Southwest Border, increased seizures in South Texas counties that border Mexico, and traffickers’ use of alternate routes to smuggle illegal drugs across the Southwest Border.

Cocaine Distribution Defense: Hire the Best Dallas Lawyer

In Texas, charges for Cocaine distribution are 1st degree crimes, and carry the harshest penalties. Possession of the Cocaine or possession with the intent to distribute , is a 2nd degree crime, and can lead to steep penalties, probation and/or imprisonment. Drug distribution is a serious offense. Having said that, like all drug crimes, drug distribution must be placed into the correct context to be able to make certain that charges are not excessive. What might seem to be drug distribution may in fact not be, and a expert legal professional will see to it that you are provided a powerful defense all through your criminal arrest.

The amount of drugs within your possession, how those drugs are prepared, which drugs are found to be on your person, and how many different types of drugs you have are all elements that will be taken into consideration during a drug distribution case. For example, if a variety of packaged drugs are found within your possession, then it might be assumed that you, like a shop, possess a large number of new products ready to sell. Likewise, your past criminal history will play a factor, as will the place that you had been arrested. Being busted in an area known to be frequented by drug dealers, for example, won’t assist your case.

If a person is found to be in possession of illegal drugs, does not appear to be using the drugs him or herself, and is behaving in a manner that is an indication of drug distribution, then law enforcement officials may place that individual under arrest on suspicion of drug distribution. Although other drug charges like possession for sale require that some type of monetary transaction take place, drug distribution only requires that illicit drugs are transferred from one individual to another. Therefore, defense against these charges can be complicated, particularly within the state of Texas. Due to the complexities of Texas law, the best strategy taken by a person charged with drug distribution is retaining the services of a knowledgeable Dallas Criminal Defense Attorney .

The Top Dallas Criminal Defense Attorney will investigate the circumstances surrounding your case, and will develop the most effective defense possible considering the circumstances. If you stand accused, please don’t hesitate to get in touch with the Finest Dallas Lawyer Twenty-four Hours A Day, 365 Days /year to discuss the specifics of your case.

We can be reached 24 hours a day, 7 days a week.
Call us at 214-234-0111 or toll free at 877-308-0100.
Major Credit Cards Accepted.

 
 
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