Practice areas
Money laundering under section 261 StGB: penalties, recklessness, frozen accounts
Even the handling of assets that may originate from an unlawful act can trigger investigation proceedings under section 261 StGB. For those affected, this often comes as a surprise, and a money laundering defense frequently begins with explaining how the allegation arose in the first place.
About Money laundering
section 261 StGB · section 263 StGB · section 27 StGB
Money laundering penalties: the sentencing range under section 261 StGB
Section 261 StGB provides for a custodial sentence or a fine for the basic offence. Especially serious cases, for example commercial conduct or commission as a member of a gang, carry a higher sentencing range. Reckless conduct has its own, lower range.
A sentencing range is not a sentence. Where a case falls within that range depends on the individual circumstances: previous convictions, the sum involved, the duration of the conduct and, above all, your own contribution. Opening an account once is a different matter from forwarding amounts over several months.
What comes into consideration in your proceedings can only be assessed after inspection of the file. We will then tell you what matters in your case rather than quote figures that nobody can promise.
What it is about
The allegation of money laundering is one of the most far reaching offences in German criminal law. The consequences set in early: high sentencing ranges, asset recovery, blocked accounts, searches and investigations across national borders.
Depending on the facts, aiding and abetting fraud may be added alongside section 261 StGB, that is section 263 StGB in conjunction with section 27 StGB, where forwarding money supported the offence of those behind the scheme.
Reckless money laundering: the decisive point
In addition to intentional money laundering, section 261 StGB also covers reckless conduct (leichtfertige Geldwäsche). Intent requires that you considered the criminal origin of the money at least possible and accepted it. Anyone who closes their eyes to indications that are obvious acts recklessly.
Not knowing where the money came from therefore does not make you automatically exempt from punishment, but neither does it make you liable without more. The question of whether you ought to have recognised it decides the case: how plausible the arrangement appeared from your perspective, what experience you had with such transactions and which warning signs were actually visible.
A frequent fact pattern involves supposed job offers on the internet. People recruited as a “payment processor”, a “financial agent” or a “regional representative” open their private account for incoming transfers and forward the amounts for a commission. Those affected consider themselves employees; in the investigation they are accused persons, because their account and their name are the only traces investigators can follow. Here too recklessness decides: the wording of the advertisement, the level of commission, the instruction to forward funds immediately.
A related constellation is love scamming, where emotional dependency arises and those affected carry out transfers for a supposedly trustworthy person. Investigative authorities quickly evaluate this as participation in a money laundering act.
A frozen account: what happens first
Usually the bank notices first: the account is blocked and amounts are reversed. Shortly afterwards a written hearing notice or a summons follows. Frequently the injured parties also come forward with civil claims for repayment.
- Make no statement on the matter to the police, the public prosecutor or the bank before the file is known
- Preserve correspondence, messages, contracts and the original job advertisement instead of deleting them
- Compile bank statements and records of every incoming and outgoing payment
- Do not answer civil letters from injured parties without coordinating with the defence
- Examination of the account block, the seizure and the asset recovery
What we do for you
Do not make any statements to the police or public prosecutor until we have examined the facts. We evaluate the investigation file and classify what actually happened.
Whether you are accused of shifting, accepting, transferring or merely receiving funds: we ensure that your rights are protected and counter excessive allegations.
- Examination of whether reckless conduct actually occurred
- Examination of whether the possible criminal origin of the funds was recognisable to you
- Clarification of whether you were in a situation of deception or pressure
- Examination of whether account blocks, seizures and asset recovery are lawful
Arrested or questioned? Call us before you make a statement.
Frequently asked questions
What sentence is possible for money laundering?
The sentencing range follows section 261 StGB and distinguishes the basic offence, especially serious cases and reckless conduct. Where a case falls within that range depends on previous convictions, the sum involved and your own contribution. A reliable assessment is only possible after inspection of the file.
What does reckless money laundering mean?
Section 261 StGB covers more than intentional acts. Anyone who closes their eyes to indications that must have been obvious acts recklessly. Whether that was the case depends on which warning signs were recognisable to you and how plausible the transaction appeared from your perspective.
My account has been frozen. What can I do?
Blocks, seizures and asset recovery are bound by legal requirements. We examine the basis of the measure, apply for inspection of the file and challenge it wherever remedies exist. Until then, make no statement on the matter to the bank.
I did not know where the money came from. Am I liable?
Not automatically, but the absence of knowledge alone does not end the proceedings. What is examined is whether you ought to have recognised the origin. That is precisely where the defence begins: the wording of a job advertisement, the level of a commission, the instruction to forward money immediately.
I was deceived myself. Does that help me?
A situation of deception or pressure is essential for the assessment, especially in cases of love scamming. However, it must be presented and documented in the proceedings. It is therefore important to document the process early and completely instead of making a spontaneous statement.
This information is general in nature and does not replace advice on an individual case.
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