Dealing with proceeds of crime and money laundering offences carries severe legal penalties and complex criminal consequences in New South Wales and across Australia. These offences often arise in the context of serious organised crime, fraud syndicates, drug networks, and financial schemes where illicit gains are concealed, transferred or repurposed to avoid detection by law enforcement.
At ADADA Legal, we provide expert criminal defence representation for individuals charged with proceeds of crime and money laundering offences, offering strategic advice and skilled advocacy at every stage of the legal process.
Proceeds of crime and money laundering offences involve dealing with property or funds derived from criminal activity and attempting to disguise their origins to make them appear lawful.Under Section 193B of the Crimes Act 1900 (NSW), it is a crime to deal with proceeds of crime where you:
Received, possessed, concealed or disposed of property derived from crime; and
Were reckless, knew, or intended to conceal the criminal origin of the property.
“Proceeds of crime” is interpreted widely to include not only cash but money, property, valuable securities, debts and anything acquired through conversion or exchange that originated from criminal conduct. In addition to NSW offences, federal laws such as the Criminal Code Act 1995 (Cth) can also apply where the conduct crosses state or national borders, particularly when high-value proceeds, international transfers, or business networks are involved.
This applies if you dealt with proceeds of crime while being reckless as to whether they derived from criminal activity, such as accepting, transferring or concealing illicit funds without confirming their origin.
Maximum penalty: up to 10 years’ imprisonment in NSW.
When a person deals with proceeds of crime knowing they were derived from criminal activity, this is a more serious offence.
Maximum penalty: up to 15 years’ imprisonment.
This is the most serious variant under Section 193B in NSW — where a person deals with proceeds of crime knowing their criminal origin and intending to conceal or disguise that origin.
Maximum penalty: up to 20 years’ imprisonment.
If the proceeds of crime or general crime total $100,000 or more, specific offences apply under Section 193BA of the Crimes Act. This requires prosecution to prove recklessness or intent to conceal for higher sentences.
Recklessly dealing: up to 10 years’ imprisonment
With intent to conceal: up to 15 years’ imprisonment
Even where money or property is merely reasonably suspected to be proceeds of crime, dealing with it can result in charges, with penalties depending on the value involved:
Less than $100,000 – up to 3 years’ imprisonment
$100,000 to $5 million – up to 5 years
$5 million or more – up to 8–10 years in aggravated circumstances
To secure a conviction, the prosecution must prove:
You dealt with the proceeds of crime, including receiving, possessing, concealing, disposing of, transferring, or engaging in transactions involving such property; and
Your state of mind — that you were reckless, knew, or intended to conceal the criminal origin of the funds or property.
“Dealing with” proceeds encompasses a broad range of activities, including bank transfers, purchases, electronic transactions, gifts, or moving funds into or out of NSW.
Penalties vary depending on:
The severity of the conduct
The amount or value of proceeds involved
Whether there was intent to conceal or disguise
Whether the offence is charged under state or federal law
Consequences may include:
Long-term imprisonment
Substantial fines
Asset forfeiture and confiscation orders
Criminal convictions with lasting effects on travel, employment and professional licensing
Because these charges often occur in connection with organised crime, fraud or drug syndicates, law enforcement agencies such as the NSW Police and Australian Federal Police actively pursue these matters.
At ADADA Legal, we:
Examine whether the funds or property truly qualify as proceeds of crime
Challenge investigative or evidentiary errors
Assess whether the required mental state (recklessness, knowledge, intent) can be proven beyond reasonable doubt
Explore defences such as duress, necessity or assistance to law enforcement
Early legal intervention is critical, because defending these complex matters requires detailed financial analysis, expert evidence, and strategic negotiation or litigation.
It includes any money, property, debts, securities or assets derived directly or indirectly from criminal activity, whether tangible or intangible.
Yes — charges can apply if you were reckless or failed to make reasonable inquiries before dealing with the property.
No — both state laws (NSW Crimes Act) and Commonwealth laws (Criminal Code Act) can apply, depending on the value involved and whether there is an interstate or international element.
Possible defences include lack of knowledge, lack of intent, duress, mental impairment, or that the deal was made to assist law enforcement.
Prosecutors may apply for asset restraint and forfeiture orders to prevent dissipation of suspected proceeds of crime. Legal advice is critical to contest these measures.
You have the right to remain silent. Never speak to police without a lawyer, as your words can affect your defence.
Charges involving proceeds of crime and money laundering are among the most serious financial offences in NSW and Australia. If you are under investigation or have been charged, contact ADADA Legal for prompt, confidential advice and experienced representation tailored to your situation.
Contact ADADA Legal today for clear, confidential guidance and a strategic approach tailored to your situation.
If you’re facing criminal or traffic charges, early advice can make a critical difference. Contact ADADA Legal today for clear, confidential guidance and a strategic approach tailored to your situation. Complete the form and our team will be in touch promptly to discuss how we can help.
Suite 207/30 Campbell Street, Blacktown, NSW 2148
0451 444 446
info@adadalegal.com
