A lot of people affected by the Maui Fires can use help right now, and they will continue to need assistance for a long time. If you were not directly affected by the Fires, you might help those that were affected along their journey to recovery. 

For those affected by the fires, a frustrating part of the recovery process is finding solid and reliable information on what to do, where to go, or who to talk to. Often someone will wait in a long line, only to find out it is the wrong line, or find out that they don’t qualify, or that the provider closed 5 minutes before they reached the front. Survivors are often given general advice like “There are resources to help with housing,” which is not all that helpful. You can assist by telling a survivor “I already called these people, and they said if you call and say you lost your home in the fire, they are holding units for you. Call this number and ask for this person.” 

Emotional Support: 

The only people who really understand what it means to have been in the fires that day and what the recovery is like are the people going through it. But that does not mean there is nothing you can do to help. Navigating what to do and support others after a traumatic experience like the Maui Fire is difficult. You want to listen, but you don’t want to bring it up. You want to understand, but you can’t. You want to tell them what they can do to move forward, but it’s complicated. The best thing anyone who went through the Maui Fires can do is to talk to a professional. But if they can’t, then you might be able to help. If you know someone who is recovering from the fire, please listen to them. They might repeat themselves, or trail off, or just sit a minute while they relive the experience, but being there to listen to them and witness what they are going through helps.  

Long term: 

Holidays, birthdays, anniversaries, and recurring events are always hard after losing everything in a wildfire. The recovery process will take years. Reaching out to survivors, making sure they are seen, listening again, and encouraging them to seek professional help are all things that can and should be done on an ongoing basis. Check in on survivors in the days weeks before the anniversary of the fire. Maybe your friend used to host their family for Thanksgiving and now has to go elsewhere. Maybe they were really into Halloween decorations and will be said they need to buy new decorations and won’t have a place to decorate. On their late father’s birthday, they will be sad that their favorite picture of him is gone. They will be reminded of what they lost on most days for years. So be there, listen, make sure they know you are there to listen and support, and continue to meet people where they are in their recovery journey.  

Auto theft is a criminal offense that involves illegally taking or operating someone else’s vehicle without their consent. In the state of Wisconsin, auto theft is usually charged as a felony offense, and it can lead to serious penalties for those who are convicted of this crime. If you or someone you know has been charged with auto theft in Milwaukee or other parts of Wisconsin, an experienced lawyer can help you understand the potential consequences and your options for defense.

Operating a Vehicle Without the Owner’s Consent

Under Wisconsin law, it is illegal to drive or operate a motor vehicle without receiving consent from the vehicle’s owner. A person who is accused of taking a vehicle and driving it without permission may face Class H felony charges for a first offense and Class F felony charges for a second offense. Taking and driving a commercial motor vehicle without consent may result in Class G felony charges.

A person who is convicted of a Class H felony related to auto theft may be sentenced to up to six years in prison and required to pay a fine of up to $10,000. A Class F felony conviction for a second offense may lead to a sentence of up to 12.5 years and a maximum fine of $25,000. A Class G felony conviction for theft of a commercial vehicle may result in a sentence of up to 10 years and a maximum $25,000 fine.

One option for defense against a felony conviction may involve showing that a vehicle was abandoned within 24 hours after it was stolen. In these cases, charges may be reduced to a Class A misdemeanor. A Class A misdemeanor conviction may result in a maximum prison sentence of nine months and a maximum fine of $10,000.

Auto theft charges may also involve claims that a person removed parts from a vehicle. The removal of any major parts, including the engine, transmission, hood, doors, bumpers, fenders, or other parts with a value of at least $500 may result in Class I felony charges. A Class I felony conviction carries a sentence of up to 3.5 years and a maximum fine of $10,000. Removal of any other parts or components may result in Class A misdemeanor charges. In addition to criminal penalties, a person may be required to pay restitution to the vehicle’s owner for any damage caused to the vehicle.

Carjacking

In some cases, accusations of auto theft may also lead to charges of carjacking. Carjacking involves forcefully taking someone’s vehicle. If a person allegedly used force or threatened to use force to take a vehicle from the owner or another party, they may be charged with a Class E felony. If a person possessed a dangerous weapon such as a firearm when taking a vehicle from someone by force, they may be charged with a Class B felony.

A Class E felony conviction carries a maximum sentence of 15 years in prison and a maximum fine of $50,000. A Class B felony may result in a sentence of up to 60 years. If a person accompanied someone else as a passenger in a vehicle following a carjacking, they may be charged with a Class A misdemeanor.

Contact Our Milwaukee Auto Theft Defense Lawyers

If you have been charged with auto theft in Wisconsin, the experienced Milwaukee, WI criminal defense attorneys at [[title]] are here to help. We can provide guidance during each stage of your case, and we will help you defend against a conviction. To schedule a consultation and discuss your options, contact us at [[phone]]. 

 

Sources:

https://docs.legis.wisconsin.gov/statutes/statutes/943/iii/23

https://docs.legis.wisconsin.gov/statutes/statutes/939/iv/50

 

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During the divorce process, there are numerous complex issues that will need to be addressed. While this is true in any divorce, the financial matters that will need to be addressed in a high net worth divorce can be especially complicated and challenging to resolve. Spousal support is one of the key issues that may arise in these cases. To determine the role that spousal support may play in a high asset divorce, it is important to work with an experienced attorney.

How Spousal Support Is Addressed in a Wisconsin Divorce

Spousal support, which may also be referred to as maintenance or alimony, consists of payments made by a person to their ex-spouse after the couple’s divorce. In Wisconsin, spousal support is not automatically awarded in every divorce case. Instead, the need for maintenance will be determined based on several factors outlined in state law. These factors include:

• The length of the marriage – In general, spousal support is more likely to be awarded in longer marriages, but it may be appropriate in shorter marriages as well based on the circumstances and needs of the parties.

• The age and physical and emotional health of each spouse – The court may consider how each spouse’s age and health may affect their ability to support themselves and manage other ongoing responsibilities.

• The division of property and assets – To evaluate the financial resources that will be available to each spouse, the court may consider how assets and debts will be allocated between them, whether either party has separately-owned assets they can use to support themselves, and whether it may make more sense for a spouse to own certain assets instead of receiving spousal support.

• Each spouse’s education level and earning capacity – The amount of income each spouse is able to earn based on their previous work experience and education will be one of the most important issues affecting spousal support. If one spouse will be unable to earn enough income to maintain the standard of living they had while the couple was married, they may be able to receive maintenance payments.

• Each spouse’s contributions to the marriage – In addition to considering the income spouses earned, the court may look at what other ways they supported their family. Homemaking, child-rearing responsibilities, and assistance pursuing educational opportunities may be considered.

• Any agreements between the spouses – In cases where a couple has a prenuptial or postnuptial agreement that decides whether spousal support will or will not be paid, these terms will most likely be followed, although other factors may also be considered.

When it comes to high net worth divorces, the court will take into account the lifestyle enjoyed during the marriage and whether any significant income disparities between spouses will affect each party’s ability to maintain their accustomed lifestyle. If spousal support is deemed appropriate, complex financial factors related to substantial assets and income streams may need to be considered to determine the amount that should be paid.

Contact Our Milwaukee High Net Worth Divorce Lawyers for Spousal Support

If you have a high income or own valuable assets, spousal support may play a significant role in your divorce. At [[title]], our Milwaukee, WI spousal support attorneys can help you understand the financial factors that will need to be addressed during your case, and we will advocate for solutions that will protect your interests. With our help, you will be able to complete your divorce successfully and move forward into the next chapter of your life. Contact our office at [[phone]] to set up a free consultation and learn more about how we can assist with your case.

 

Source:  https://docs.legis.wisconsin.gov/statutes/statutes/767/vi/56

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Civil litigation refers to the legal process followed by individuals or entities to resolve disputes through the court system. It can involve a wide range of issues, such as contract disputes, personal injury claims, property disputes, and more. If you find yourself involved in a legal dispute, understanding the steps involved in civil litigation can help you navigate through the process effectively. 

In Wisconsin, there are several distinct stages of civil litigation. While each case is unique and may have its own complexities, here are the general steps followed when litigating disputes in civil courts:

1. Pre-Litigation Phase

A civil dispute will typically begin when the plaintiff sends a demand letter to the defendant detailing their claims. Before initiating formal legal proceedings, the parties may attempt to resolve the issue outside of court. They may engage in negotiations or mediation to try to reach an agreement without going through a full trial. If disputes can be resolved at this stage, the parties will usually be able to save time and avoid the costs associated with courtroom proceedings.

2. Complaint, Summons, and Pleadings

A civil lawsuit will be initiated when the plaintiff files a complaint in a Wisconsin court. The complaint will outline the plaintiff’s claims along with relevant facts supporting their position while identifying the defendant or defendants. The complaint and a summons must then be served to the defendant. Once served with a complaint, the defendant may respond with an answer admitting or denying the plaintiff’s claims. The pleadings filed by both parties will determine the issues that will be addressed in a case and the factors that may play a role in the legal proceedings.

3. Discovery Phase

After the pleading stage, both parties will engage in discovery. Each side will gather evidence and information to support their claims or defenses. Discovery methods may include:

• Interrogatories, which consist of written questions sent by one party to the other

• Depositions, which are oral statements made by witnesses or parties involved in the case, taken under oath

• Requests for production of documents, which will be formal requests for one party to provide documents relevant to the case

• Requests for admissions, which may consist of a set of statements that one party sends to the other requesting them to admit or deny certain facts about the case

4. Pre-Trial Phase

The parties will prepare for trial by compiling evidence, identifying witnesses who may testify, and determining the strategies that may be used when arguing a case before a judge and/or jury. Pre-trial motions may be filed, including requests for summary judgment or requests that a judge determine what types of evidence may be admitted or what specific issues will be addressed. The parties may also attempt to negotiate a settlement that will allow them to resolve their issues without proceeding to trial, and they may use mediation or other methods to do so.

5. Trial Phase and Judgment

If attempts at reaching a settlement do not succeed, the case may proceed to trial. During a trial, each party will present their case by making arguments, questioning or cross-examining witnesses, and presenting evidence. At the conclusion of the trial, the judge or jury will issue a ruling. They may decide in favor of one party and order the other party to make a monetary payment or perform certain actions.

Contact Our Milwaukee, WI Civil Litigation Lawyers

If you are involved in a legal dispute that may need to be resolved in court, it is crucial to ensure that you are represented by a skilled and knowledgeable lawyer. At [[title]], our Milwaukee civil litigation attorneys have extensive experience representing clients in multiple types of cases. With our understanding of Wisconsin law and our focus on protecting our clients’ best interests, we can help you determine the best steps to take to achieve success in your case. Contact us today at [[phone]] to schedule a consultation and get the legal help you need.

 

Sources:

https://www.wicourts.gov/courts/overview/overview.htm

 

https://docs.legis.wisconsin.gov/statutes/statutes/801

 

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In the state of Wisconsin, assault and battery offenses are taken very seriously. Depending on the circumstances of an alleged offense, an individual may face misdemeanor or felony charges. Felonies carry more severe consequences, including longer prison sentences and higher fines.

If you are facing assault and battery charges in Wisconsin, it is crucial to understand when these offenses can lead to felony charges. This knowledge can help you make informed decisions regarding your case. By seeking legal representation from an experienced criminal defense attorney, you can determine your best options for defending against a conviction.

Defining Assault and Battery

Before diving into the specifics of felony charges, it is important to understand what the terms “assault” and “battery” refer to. Assault generally involves actions that cause someone to reasonably fear they will experience imminent bodily harm or death. Battery, on the other hand, involves intentional physical contact that causes bodily harm or injury.

Wisconsin law focuses on battery when addressing criminal charges involving the infliction of injuries. The offense of battery may apply if a person intentionally caused someone else to suffer bodily harm without that person’s consent. 

Misdemeanor Vs. Felony Battery Charges

Battery is typically charged as a Class A misdemeanor. However, there are some circumstances where a battery charge may be elevated to a felony. These charges include:

• Substantial battery – If a person intentionally inflicts “substantial bodily harm” on someone else, they may be charged with a Class I felony. Substantial bodily harm may include broken bones, lacerations that require stitches, or a loss of consciousness. If a person acts in a way that puts someone else at risk of suffering injuries, and that person experiences substantial bodily harm as a result, the alleged offender may be charged with a Class H felony. A Class H felony conviction carries a maximum prison sentence of six years, while a Class I felony conviction may result in a sentence of up to three years and six months. A person convicted of a Class H or Class I felony may also be fined up to $10,000.

• Aggravated battery – The infliction of “great bodily harm” by someone who intends to harm another may result in Class H felony charges. Great bodily harm may involve injuries that lead to permanent disabilities, disfigurement, or puts a person at a substantial risk of dying. If a person inflicting great bodily harm through acts intended to cause great bodily harm, they may be charged with a Class E felony, which carries a maximum sentence of 15 years and a maximum fine of $50,000.

• Battery against certain classes of individuals – The identity of the alleged victim of battery may affect the severity of the charges. Battery against a police officer or firefighter is a Class H felony. Battery against a driver or passenger of a public transport vehicle is a Class I felony. If a person is subject to a domestic violence restraining order or injunction, and they are accused of committing battery against the petitioner who sought the injunction, they may be charged with a Class I felony.

Contact Our Milwaukee, WI Battery Defense Attorneys

If you are facing battery charges in Wisconsin, it is crucial to seek legal representation from an experienced criminal defense attorney who will work diligently to protect your rights throughout the legal process. At [[title]], our Milwaukee battery defense lawyers provide effective legal representation that is tailored to each client’s unique situation. We can help you build a strong defense strategy to achieve the best possible outcome in your case. Contact our office today at [[phone]] to set up a consultation where you can discuss your case, gain an understanding of the potential defenses against battery charges, and determine the best approach to resolve your case.

Sources:

https://docs.legis.wisconsin.gov/statutes/statutes/940/ii/19

https://docs.legis.wisconsin.gov/document/statutes/939.22

https://docs.legis.wisconsin.gov/statutes/statutes/939/iv/50

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A prenuptial agreement, also known as a “prenup” or a marital property agreement, is a legal contract that a couple agrees to before they get married. This type of agreement may address the division of assets and debts or other financial matters in the event of a divorce or separation. While prenuptial agreements are not romantic topics to discuss, they can provide clarity and protection for both parties if their relationship breaks down in the future.

Property Division

One of the main purposes of a prenuptial agreement is to address the division of property in the event of a divorce or the death of either spouse. Wisconsin is a community property state, which means that any property acquired during the marriage is generally considered marital property and is subject to equal division between the spouses. However, a prenup can override this default rule and allow the couple to address issues related to their property in advance of a divorce or separation.

A marital property agreement can specify which assets will be considered separate property and which will be considered marital property. Separate property typically includes assets owned by one spouse before the marriage, as well as inheritances, gifts, and personal injury settlements. By clearly detailing what assets are classified as separate property, a prenup can help protect these assets from being divided in the event of a divorce.

Additionally, a prenuptial agreement can outline the division of marital property, including real estate, bank accounts, investments, and other assets acquired during the marriage. The agreement can specify how property will be divided between the spouses, including whether there will be an equal split or a different arrangement agreed upon by the couple.

Debt Allocation

In addition to property division, a prenuptial agreement can also address the allocation of debts in the event of a divorce. Both spouses are generally responsible for debts incurred during the marriage, regardless of whose name is on the account or who made purchases using the credit card. However, a prenup can specify how debts will be allocated between the spouses.

For example, if one spouse has significant student loan debt, a prenuptial agreement can specify that the debt will remain the responsibility of that spouse in the event of a divorce. A prenup may also allocate certain types of debts to either spouse based on purchases they have made. This can help protect one spouse from being burdened with the other spouse’s debt.

Spousal Support

In addition to property division, a prenuptial agreement can address the issue of spousal support, which is also known as alimony or spousal maintenance. Spousal support is financial support paid by one spouse to the other after a divorce or separation. In Wisconsin, family court judges will consider various factors when deciding whether to award spousal support, including the number of years the couple was married, each spouse’s income-earning abilities, and the standard at which the couple lived during their marriage.

By including provisions for spousal support in a prenup, the couple can determine in advance whether spousal support will be awarded and, if so, the amount and duration of the payments. This can provide certainty and avoid potential disputes in the future. 

However, it should be noted that Wisconsin law does not allow a prenup to eliminate a spouse’s ability to support themselves. In cases where a spouse will not have necessary and adequate support after considering all forms of income or financial assistance, a prenup may be overridden, and spousal support may be awarded. A court may also choose to award spousal support if the terms of an agreement, if followed, would force a spouse to apply for public assistance to support themselves.

Contact Our Milwaukee Prenuptial Agreement Attorneys

A prenuptial agreement can address a variety of financial issues in Wisconsin family law cases. By entering into a marital property agreement, couples can have peace of mind understanding how financial matters will be addressed if their marriage ends. However, they will need to be aware of the requirements that must be met for a prenup to be valid and enforceable. If an agreement is unfair to one party, was not signed voluntarily, or if a spouse did not disclose their assets and obligations to the other, a court may determine that the agreement should not be enforced.

If you are considering a prenuptial agreement, the Milwaukee, WI, prenup lawyers at [[title]] can help you understand the steps you can take to make sure your agreement meets your needs and will stand up in court should you decide to get a divorce in the future. Contact us at [[phone]] to schedule a free consultation and learn how we can assist with your family law needs.

 

Sources:

https://docs.legis.wisconsin.gov/document/statutes/766.58

https://www.wisbar.org/forPublic/INeedInformation/Pages/Marriage-Marital-Property.aspx

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By By Chris Strohbehn

There are a variety of situations where disputes about insurance coverage may arise, including cases involving injuries that occurred because of a person’s actions. In these situations, insurance companies may deny claims for numerous reasons, claiming that exceptions to coverage apply or that injuries were not accidental. This can put people in a difficult situation as they seek compensation in personal injury cases or similar matters, and they may need to take legal action to fight against the denial of claims. Fortunately for people in these types of cases, the Wisconsin Supreme Court has ruled that cases involving reckless conduct may not necessarily be excluded from insurance coverage.

Dostal v. Strand

In a recent case, the Wisconsin Supreme Court considered the denial of an insurance claim made by a woman based on the wrongful death of her child. The woman had left the three-month-old child in the care of its father. While he was providing care, he dropped the child on the floor, resulting in a skull fracture. Rather than contacting emergency services, he put the child to bed. The child later died from the injuries suffered in the fall, and the father was convicted of second-degree reckless homicide.

The mother brought a wrongful death lawsuit against the father, seeking compensation for loss of society and companionship, as well as other damages. While the mother believed the incident should have been covered by the father’s homeowner’s insurance policy, his insurer, State Farm, claimed that the incident was not covered under the policy. State Farm claimed that because the father was convicted of reckless homicide, the incident was not considered an accident and was not covered under the policy. In addition, State Farm claimed that even if the incident was considered an accident, a “resident relative” exclusion applied because the victim was the man’s child, and an “intentional acts” exclusion applied because the criminal conviction showed that he engaged in behavior that created a substantial risk of injury.

In reviewing the case, the Wisconsin Supreme Court ruled that a conviction for criminal recklessness does not necessarily mean that the incident was not accidental. The court’s decision stated that even if a person is engaging in behavior that involves a calculated risk, they may do so without expecting that someone else will be injured. In this case, the father who failed to take the proper care when holding and carrying the child may have behaved irresponsibly, but this does not mean that he acted intentionally or that he knew the child would be injured.

In addition, the court noted that while a jury found that the father was guilty of reckless homicide, it did not determine exactly what events occurred during the incident in question. The finding of recklessness may have been based on the father’s failure to contact emergency services after an accident occurred in which the child suffered a head injury, or other factors may have played a role in the jury’s decision. Because the criminal conviction did not demonstrate that the death was not accidental, this matter should be left up to the court to decide in the civil case related to insurance coverage.

The court also rejected State Farm’s claims that exclusions applied to the coverage. According to the facts of the case, the father rarely spent time with the child, and the couple did not have a formal physical placement schedule. Because of this, the child should not have been considered a “resident relative” who was excluded from homeowner’s insurance coverage. The court also found that the “intentional acts” exclusion did not apply, because even though the father was convicted of reckless homicide, this did not necessarily mean that he acted with intent to harm the child. If the incident in question was determined to be an accident, this would mean that he did not act intentionally.

Based on these findings, the Wisconsin Supreme Court reversed the lower court’s ruling and ordered the circuit court to hold a new trial. In this trial, the court will determine whether the incident could be considered an accident and whether the child’s wrongful death is covered under the insurance policy.

Contact Our Milwaukee, WI Insurance Dispute Lawyers

Disputes about insurance coverage in personal injury and wrongful death cases can be complicated. To overcome attempts by insurance companies to deny claims and avoid paying compensation to victims, it is crucial to work with an attorney who has experience in these types of cases. At [[title]], our Milwaukee insurance coverage litigation attorneys can provide effective representation for people who need to address the improper denial of claims or the refusal to pay compensation. To learn how we can assist with these matters, contact us at [[phone]] and schedule a consultation today.

 

Source:

https://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=615568

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By Attorney Chris Strohbehn

For individuals and businesses throughout the state of Wisconsin, property taxes can be a serious issue. The requirement to pay these taxes can place a significant financial burden on property owners, especially when taxes are increased significantly or when other related fees are imposed. In some cases, cities and towns have attempted to levy additional taxes or fees in order to fund utilities, improvements, and other expenses. However, the state of Wisconsin places limits on increases in property taxes. In a recent decision, the Wisconsin Supreme Court addressed attempts by the town of Buchanan to get around these limits, and it forced the town to comply with the levy limits that have been put in place in Wisconsin law.

Wisconsin Property Taxpayers, Inc. v. Town of Buchanan

In 2019, the town of Buchanan sought to increase revenue that would be used to maintain and reconstruct roads in the area. To do so, it used a referendum to allow voters to decide between raising property taxes, putting a special assessment in place, or creating a Transportation Utility Fee (TUF). Voters chose the TUF, and the town put an ordinance in place creating a Transportation Utility District that would be funded by these fees.

The town’s Transportation Utility Fee was imposed in addition to the property taxes the town collected. While property taxes are based on the value of a property, the TUF was based on the usage of the town’s roads that a property was estimated to generate. The annual fee ranged from around $300 for most residential homes to $8,000 for certain commercial properties.

Wisconsin Property Taxpayers, Inc. (WPT), an organization that represents property owners in property tax disputes, filed a lawsuit against Buchanan seeking to halt the collection of the TUF. It claimed that this fee was an illegal increase in property taxes that exceeded the levy limits put in place by Wis. Stat. § 66.0602. It also argued that the TUF was illegal because it was not based on the value of property. A circuit court judge ruled in favor of WPT, declaring that the TUF was a property tax subject to the town’s levy limit and preventing the town from collecting or enforcing the TUF in amounts above this limit. The town appealed this decision to the Wisconsin Supreme Court.

When considering this case, the Supreme Court looked at whether the TUF could be considered a property tax. It noted that Wis. Stat. § 66.0827 states that utility districts created by towns can be funded by “taxation of the property in the district.” Because “taxation of the property” is functionally equivalent to property tax, the fees collected by Buchanan to fund its utility district were considered to be property taxes. While the town argued that the TUF was a special tax separate from property taxes, the Supreme Court disagreed, and it determined that these taxes were subject to the applicable levy limits.

The court also ruled that the TUF violated the law in other ways. Wisconsin law requires property taxes to be calculated based on a property’s market value, but the TUF was calculated based on the class of a property and its commercial characteristics. In addition, the TUF applied to all developed properties in the district, including those that had tax-exempt status. For these reasons, the court found that the TUF was unlawful, and it upheld the lower court’s decision.

Contact Our Milwaukee Property Tax Lawyers

As the laws related to property taxes change throughout the state of Wisconsin, property owners may need to take steps to ensure that they are taxed fairly while addressing legal issues related to the valuation of their properties and the calculation of the taxes they owe. At [[title]], our Milwaukee, WI property tax appeal attorneys can assist with unfair property tax assessments or related issues, and if necessary, we can pursue property tax litigation to dispute illegal taxes or fees. To book a consultation and learn how we can assist with tax-related concerns, contact our office at [[phone]].

 

Source:

https://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=674589

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By Attorney Jason Luczak

Money laundering is a serious criminal offense. While it is generally classified as a white collar crime that involves financial activities, it is often related to other types of offenses, such as drug trafficking. Because of this, those who are suspected of money laundering are likely to be investigated by law enforcement, and anyone who is involved in illegal transactions or activities may face criminal charges. It is important to understand the specifics of the offense of money laundering and the circumstances that can lead to a conviction. Those who have been accused of money laundering or related offenses can work with a criminal defense attorney to determine how to respond to these charges.

Understanding Money Laundering

Money laundering typically involves taking actions to conceal the source of money generated through criminal activity. Specifically, Wis. Stat. § 943.895 states that a person may be charged with money laundering if they receive money or anything else of value that they knew was acquired illegally, facilitate financial transactions that are meant to conceal the source of money, or otherwise receive, transfer, or conceal money that will be used to further criminal activity.

Money laundering typically involves three stages:

1. Placement – The proceeds of criminal activity are integrated into the financial system in some way. This may include receiving payments for goods or services that were never actually provided to a customer, gambling, or purchasing financial investments.

2. Layering – To make it harder to track money, multiple types of transactions or transfers may be made, such as transferring funds to bank accounts in other countries.

3. Integration – Money will be returned to the original person, appearing as if it was obtained legitimately. This may be done through the payment of wages or purchases of assets.

To be charged with money laundering, law enforcement typically needs to prove that the person was involved in financial transactions in which they knew that money or other assets were obtained unlwafully. However, specific knowledge of where the money was unlawfully obtained is not required for someone to be charged with money laundering. They only need to be aware that it was acquired through unlawful activity of some kind. Participation in any of the stages of money laundering could potentially lead to criminal charges.

People Who May Face Money Laundering Charges

There are multiple parties who may be investigated for their involvement in transactions related to money laundering, including:

• Individuals involved in criminal activities – Anyone who participates in a criminal enterprise may be investigated for money laundering. For example, drug dealers may attempt to launder their illegal profits by funneling them through legitimate businesses. Those who are part of the drug dealing enterprise, such as suppliers, manufacturers, and middlemen, may also face charges of money laundering.

• Business owners – People who own businesses may be charged with money laundering if they knowingly engage in transactions involving money obtained from unlawful activities. For example, if a business owner is aware that one of their customers is involved in unlawful activities and knowingly accepts payments from that person, they may be charged with money laundering, even if they do not know the specific nature of the unlawful activity.

• Financial professionals – Accountants or other professionals who knowingly assist in the laundering of illicit funds may be charged with money laundering. These professionals may be accused of falsifying financial records or facilitating complex transactions to help hide the origins of funds.

• Family members or associates – Even if these individuals are not directly involved in illegal activities, they may be charged with money laundering if they assist in the concealment of funds. For example, a spouse may help to purchase assets with illegal proceeds, or a friend may transfer money through an account in an attempt to avoid detection.

Contact Our Milwaukee Money Laundering Defense Lawyers

There are many scenarios that can lead to charges of money laundering, and multiple people may be accused of participating in illegal transactions. If you are being investigated for money laundering in Wisconsin, it is important to understand the specific charges you may face and your options for defense. At [[title]], our Milwaukee white collar crime attorneys can advise you of your legal options in these situations, and we will work with you to create a solid defense strategy. Contact us at [[phone]] to schedule a consultation today.

 

Sources:

https://docs.legis.wisconsin.gov/statutes/statutes/943/iv/895

https://sanctionscanner.com/blog/three-elements-that-must-be-proven-in-a-money-laundering-case-409

https://sumsub.com/blog/3-stages-money-laundering/

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