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The offence of money laundering is defined in Article 301 & ff of Spanish Criminal Code.
Money laundering consists of contributing, either voluntarily or recklessly, to the incorporation of money or goods of illicit origin into the legal economy.
This offence always used to be related to serious crime (drug and arms trafficking, or terrorism), but today it covers the laundering of funds from practically any criminal activity, including tax offences and corruption, even in cases in which there has been no conviction for the original crime.
This has led to an exponential growth in investigations into money laundering and, in many cases, to unjust situations in which persons, companies and banks with an unimpeachable track record are involved in investigations into the illegal activities of others, (suppliers, customers or partners), of which they had no knowledge and could not have detected.
At Sánchez-Cervera Abogados, we are highly specialised in the field, given our long experience in advising firms and banks, as well as individuals, affected by money laundering investigations.
Some related issues:
· Application for the unblocking of accounts
· Appeals against precautionary measures /confiscation of goods
· International letters rogatory
· Communications with the anti-money laundering agency (SEPBLAC)
· Experience in police investigations into money laundering (UDEF, ONIF, UCO)
Jurisprudence related to Money Laundering:
Criminal conviction of a bank involved in money laundering in Spain
Commentary on the judgment of the Audiencia Nacional (Criminal Division) No. 14/2020, dated June 30, 2020
This interesting judgment convicts several executives and employees of the Spanish Branch of ICBC - INDUSTRIAL AND COMMERCIAL BANK OF CHINA ("ICBC"), as perpetrators of a money laundering crime under articles 301.1 and 2, and 303 of the Criminal Code. The defendants pleaded guilty and expressed their conformity with the penalties requested by the prosecution, being sentenced to short prison sentences and fines, although the prison sentences were later also replaced by fines.
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The National High Court has acquitted Sandro Rosell and five other defendants accused of criminal offences of money laundering and belonging to a criminal organisation
The High Court of Justice recently handed down Judgment no. 14/2019, of 24 April, acquitting Alexandre Rosell Feliú (also known as “Sandro Rosell”), a businessman and former Chairman of Barcelona Football Club between 2010 and 2014, of the criminal offences of money laundering and belonging to a criminal organisation for which he was charged; it also acquitted several other individuals charged for the same offences.
Specifically, the charges were that Mr Rosell Feliú allegedly coordinated a complex network of companies that allegedly allowed Ricardo Terra Teixeira, Chairman of the Brazilian Football Confederation between 1989 and 2012, to gain 19.9 million euros in illegal commissions for the television rights contracts to 24 friendly matches of the Brazilian national team, and also through the sponsorship agreement signed in 2011 between Nike and the Brazilian federation, through which Mr Rosell would have allegedly received 12 million euros as an intermediary.
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