As lawyer I have been able to acquire a great practical experience and a clear sense of professionalism along the years of labor experience. Therefore I offer services of legal representation in cases of all penal nature and I specialize on the topics of bleach, capital and money, considering whenever the amount of my profession is to make be worth the Right to the Defense of all citizens that not in vain it is a fundamental right. That is why I always assist each case with thoroughness and patience, because I consider that the most important thing is the details that can give unexpected overturns to situations that seemingly had a sure address.
When does the money become capital?
Money is a right of existing in the society where the relationships of merchandise change begin. The money is not an object as such, but it expresses the relationships among the fellows that intervene in the mercantile economy, therefore it has a social function, to serve of equivalent universal to the rest of the merchandise. On the other hand the capital is the accumulated money, but this doesn't become capital to be accumulated quantitatively, but as a result of its employment to obtain earnings. So that the money becomes capital it has to left in the storage place (not always in a literal sense) and to be used in certain economic movements, so the money is valorized, the money is increased without the participation of the possessor of the money in work.
When is it in presence of the money laundering?
This crime consists on a process of cleaning that is carried out with the money, because it is sought to simulate a false reality, since it is to make believe that certain quantity of money was obtained as a result of a completely licit economic activity. It is manifested with a lot of frequency harnessed of businesses that are highly risky to be prohibited and constituent of crimes and therefore they are highly lucrative. This is the case of the crimes of illegal traffic of drugs, smuggling of drugs and terrorism, among gold of similar nature.
Wherefore we witness the money laundering whenever actions are carried out guided to hide the true origin of the capital. This crime is generally carried out for momentous, first two objectives to continue obtaining excessive quantities of resulting money of some illicit activity, without making evident the fruitfulness of that illegal business and of course not to make declaration to taxes on real earnings that allow the fellows that carry out this act, to avoid the payment of sums that would be highly considerable.
Is it possible to carry out this crime with resulting money of a licit business?
Clearly it is not possible, since this criminal fact doesn't reside in the quantitative element of the capital, but in its qualitative aspect, that is to say that the bond among the obtained capital and the spirit, or necessity of carrying out its laundry, it is not because of that exuberant quantities that have been, but rather they are illegitimate utilities. Therefore reason doesn't exist to carry out this criminal figure, unless we are in a situation in which needs to be justified certain quantities of money that were obtained with forbidden economic activities.
Is it possible that this activity is developed unwittingly?
Certain crimes that require certain deceit or blame that are related to the intention of carrying them out, in case, if it doesn’t exist you would typify that crime but another. But in the case of the money laundering it doesn't happen this way, since for the crime to be typified, they should be carried out a group of actions that only they are executed in a deliberate way, because they are economic or financial activities with the purpose of hiding the fruit of fraudulent previous movements. Therefore it is not possible to arrive to the outlined purposes, without carrying out a group of actions before as transactions or bank deposits, those which are taken place with all intention.
How do my professional services contribute to their legal situation?
My consultation and representation are in all moment guided to look after their interests in the process, because in many occasions to recrudesce the condemnation is sought by way of ¨exemplary severe punishment ¨, or for consequence that the penal politics of the country considers necessary to repress this type of activities, ending up in occasions to touch the injustice. It happens that, many of the evidences that the laundry of money has been made, they are actions that can carry out all the people legally, and carry out bank transactions among different bills, or to acquire properties outside of the national territory and even to deposit in the bank certain quantity from money to a bill that responds to certain society or foundation, etc, the problem is when these actions are carried out with a money that is not product of a legal activity.
As their lawyer it corresponds me to make effective the presumption of innocence to their favor, since you are innocent until those who have an allegation against them, prove the opposite, for it, one will have to demonstrate that those actions were carried out with the purpose of simulating a legal nature to a capital that in fact is not it.