Criminal Defense of Immigrants

The aggravated felony definition includes “an offense described in section 1956 of title 18, United States Code (relating to laundering of monetary instruments) or § 1957 of that title (relating to engaging in monetary transactions in property derived from specific unlawful activity) if the amount of the funds exceeded $10,000 . . . .”[345]  See § 19.77, infra.  Note that this definition does not require a loss to the victim, as the fraud and tax evasion definitions do, but rather the amount of funds laundered must exceed $10,000 for the conviction to constitute an aggravated felony under this definition.  Even though the amount of funds laundered may have been in excess of this amount, it is possible to arrange a plea agreement admitting to laundering a portion ($10,000 or less) of the larger amount actually laundered.  This would give rise to an argument that the conviction does not constitute an aggravated felony under this definition.  See § 19.74(B), infra.

[345] INA § 101(a)(43)(D), 8 U.S.C. § 1101(a)(43)(D).