Money Laundering Lawyer in Madrid
A summons from the UDEF, a request from SEPBLAC, an investigation into unexplained wealth: if you are being investigated for the offence of money laundering (art. 301 CP), the defense hinges on the predicate offence from which the funds allegedly originate and on proving their source. We are criminal defense lawyers in Madrid, experts in money laundering: we defend both those investigated over the origin of assets and obliged entities accused through negligence. 24-hour line: 681 256 507.
Criminal defense lawyer specialising in money laundering in Madrid, available 24 hours
A money laundering investigation is almost never as clear-cut as the police report suggests: almost everything depends on whether the predicate offence from which the funds allegedly originate can be proven. We are criminal defense lawyers in Madrid, specialists in economic crime, and we defend both those investigated over the origin of assets and obliged entities (lawyers, advisors, real estate agencies) accused through negligence. We handle your case from start to finish, without passing you between lawyers.
Other areas of economic criminal law we defend in Madrid
A money laundering case usually stems from another prior economic offence. These are the other areas in which we take on the defense in Madrid, each with its own page and strategy.
When the money laundering stems from a prior instance of fraudulent management (art. 252 CP) that generated the undisclosed funds.
When the laundered assets come from a prior misappropriation (art. 253 CP): unpaid provisions, deposits or commissions.
When there is falsification of accounts or abusive resolutions concealing money laundering operations at company level.
When the charges extend to fraud, tax offences or asset stripping and require a unified defense.
Criminal defense lawyers specialising in money laundering in Madrid
In money laundering cases, the outcome is decided by the predicate offence and the traceability of the funds, not by how many lawyers appear at the hearing. This is what we do differently:
We attack the predicate offence first
Without a proven predicate offence, there is no money laundering. We first challenge the proof of the unlawful origin of the assets, which is where many prosecutions fall apart.
Our own financial expert report on traceability
We bring in our own financial expert to challenge the traceability of the flows and to document the lawful origin of funds where it exists.
One lawyer handles your case, from start to finish
Whoever meets you at the first interview is the one who represents you in court. The same lawyer follows your case through to the judgment.
Specific defense for obliged entities (lawyers, advisors, real estate agencies)
If you are an obliged entity (lawyer, tax advisor, real estate agency), the defense is different: it focuses on the due diligence requirements of Law 10/2010 and on ruling out deliberate ignorance.
Legal assistance in response to a SEPBLAC request or a UDEF summons
From the very first SEPBLAC request or the first summons, this is what we do for you:
We take your call.
We identify the procedural situation and set the defense in motion from that moment. The response to the SEPBLAC request shapes the rest of the case.
We give you the first guidance.
You have the right to remain silent and not to make a statement without your lawyer.
We review the request and the fund flows immediately.
We review the police report, the SEPBLAC records and the financial movements in question.
We speak with you privately.
Together we decide what should be stated and what should be held back, and whether it is advisable to justify the origin of the funds at this stage.
We assist you during your statement.
We assist you during your statement, with the financial expert report and documentary justification already prepared.
We handle this assistance ourselves, 24 hours a day, every day of the year. Madrid city, the Henares Corridor and the whole of Spain.
Money laundering in Madrid: what article 301 CP punishes
The Criminal Code (art. 301 CP) punishes acquiring, possessing, converting or transferring assets knowing that they come from criminal activity, with the aim of concealing that origin. It distinguishes two forms:
- Intentional money laundering: with knowledge of the unlawful origin. Prison from six months to six years and a fine.
- Negligent money laundering: through a serious breach of the duty of diligence, particularly by parties obliged under Law 10/2010. Prison from six months to two years.
The law also punishes self-laundering: the perpetrator of the underlying offence who launders their own proceeds is liable for money laundering as well.
Who is investigated for money laundering
We see two very different profiles of investigated individuals, and each requires a different defense:
- Due to the origin of the assets: business owners with cross-jurisdiction fund flows, individuals close to someone investigated for the underlying offence, buyers of high-value property with doubts over the origin of the purchase price.
- As an obliged party: executives of financial institutions, lawyers, tax advisors, notaries and real estate agencies who breach the diligence duties set out in Law 10/2010.
Money laundering in Madrid: the firm's lines of defense
We work several lines at once, depending on what the financial analysis reveals:
- Challenging the underlying offence. Money laundering requires proving the criminal activity from which the funds originate: without that evidence, there can be no conviction.
- Challenging knowledge or negligence. The line between ordinary business diligence and a breach of the duty of care is a narrow one.
- Attacking circumstantial evidence. Money laundering is proven through circumstantial indicators (disproportionate assets, opacity, front men): challenging each one is essential.
- Pursuing mitigating factors such as cooperation with the justice system (art. 21.4 CP) or restitution of the proceeds, where feasible.
24-hour assistance in money laundering investigations
Tel. 681 256 507 · [email protected]
Penalties and consequences of a money laundering conviction
The penalties depend on the type involved, but a conviction for the offence of money laundering carries consequences that weigh as heavily as imprisonment:
- Imprisonment and a fine. Up to six years for wilful money laundering; lesser penalties for the reckless form.
- Confiscation. The judge may order the confiscation of the assets and proceeds of the laundering, often with precautionary measures over assets from the investigation stage onwards.
- Criminal record and professional consequences, especially serious for an obliged party who practises a regulated profession.
SEPBLAC, UDEF and the National Court: who investigates money laundering
The investigation into money laundering is usually initiated by SEPBLAC, the financial intelligence unit, based on reports of suspicious transactions, and is carried out together with the UDEF and the specialised Public Prosecutor’s Office. The Investigating Courts of Madrid handle ordinary cases; the National Court steps in when there is an international connection, a criminal organisation or an aggravated amount involved, and the Supreme Court rules on appeals in cassation. Understanding how each body operates from the first appearance shapes the defence strategy.
Defence in money laundering cases: frequently asked questions
Can I be convicted of money laundering if I did not commit the underlying offence?
Yes. Money laundering is an autonomous offence: it penalises using or converting assets of unlawful origin even if you did not take part in the underlying offence. That said, the prosecution must prove that unlawful origin with sufficient evidence.
I am a lawyer or tax advisor — when am I liable for a client's money laundering?
When you fail to meet the due diligence duties under Law 10/2010 and there is wilful blindness as to the origin of the funds, or when you actively collaborate. The line between professional secrecy and the duty to report is analysed case by case.
What are the most common underlying offences?
The most common underlying offences are drug trafficking, corruption, tax fraud, human trafficking and smuggling. The prosecution must identify the specific underlying offence, although a final conviction for it is not required.
Can a company be convicted of money laundering?
Yes, under article 302 CP in conjunction with article 31 bis CP. An effective compliance programme may operate as a defence or mitigating factor for the legal entity.
How long does a money laundering case last?
It varies, but it is long: the investigation stage usually lasts between one and three years, especially when there is international cooperation or complex financial expert evidence involved. That is why it is advisable to bring in your defence early.
Our office at Goya 20, Madrid
Cervantes & Gª-Escribano Law Firm
Book an initial consultation or call us directly. We meet clients at Goya 20, by phone and by video call, with the confidentiality inherent to professional practice.
- Calle Goya 20, 1st Floor Left · 28001 Madrid
- 681 256 507 · 24 hours, every day
- [email protected]
- Monday to Friday · 9:00 am – 7:00 pm (24/7 assistance for detainees)
Call a money laundering lawyer in Madrid
An investigation for the offence of money laundering is decided on the financial expert evidence and on the underlying predicate offence: how the accreditation of the illicit origin is challenged and how the deliberate ignorance of the obliged party is refuted. The sooner you call a criminal defense lawyer specialising in money laundering, the more room we have to act. We assist clients in Madrid city, the Henares Corridor and throughout the country. Call us on 681 256 507.
