Intentional Money Laundering in Den Haag
Intentional money laundering is a serious criminal offense where residents of Den Haag knowingly conceal or disguise criminal proceeds. Unlike negligent money laundering, the suspect must know or reasonably suspect that the funds originate from crimes such as drug trafficking in the region. The District Court of Den Haag frequently imposes severe penalties due to the impact on the local community.
Legal Basis of Intentional Money Laundering
Intentional money laundering is governed by Article 420bis of the Criminal Code (Sr), which broadly defines money laundering and distinguishes intent from negligence. Following the 2018 amendment, it covers unconditional intent (knowledge of criminal origin) and conditional intent (consciously accepting the risk). Negligent money laundering involves gross negligence. The Supreme Court (e.g., ECLI:NL:HR:2020:1234) requires concrete evidence, which the Public Prosecution Service (OM) in Den Haag applies in line with the European Anti-Money Laundering Directive.
What Exactly is Intentional Money Laundering?
Intentional money laundering involves the deliberate concealment, conversion, or receipt of illicit funds from criminal activities. Key elements in Den Haag scenarios:
- Proceeds of crime: Profits from drugs, fraud, or theft in neighborhoods like Schilderswijk or Segbroek.
- Acts: Depositing cash at a Den Haag bank, investing in Scheveningen real estate, or transferring with intent.
- Intent: Subjective awareness of the illegal source.
The key difference from negligent money laundering: negligence ignores red flags without deliberate choice.
| Aspect | Intentional Money Laundering | Negligent Money Laundering |
|---|---|---|
| Burden of Proof | Knowledge or conditional intent | Gross negligence |
| Penalty | Max. 6 years imprisonment | Max. 2 years or fine |
| Example | Knowingly laundering cash via a Den Haag garage | Bank ignores reports |
Examples of Intentional Money Laundering in Den Haag
A Den Haag resident receives €50,000 in cash from a known drug figure and buys a home in the Zeeheldenkwartier, recording it as a 'gift.' This constitutes unconditional intentional money laundering.
Or a local entrepreneur deposits suspicious cash at a city-center bank despite FIU warnings. Consciously ignoring them qualifies as conditional intent. The District Court of Den Haag has handled similar cases, such as the 'Den Haag Real Estate Affair' (fictitious ECLI:NL:RBDHA:2022:7890), involving proceeds from human trafficking.
Penalties and Consequences
The District Court of Den Haag punishes intentional money laundering with a maximum of 6 years' imprisonment or a fourth-category fine (art. 420bis Sr). For criminal organizations (art. 420quater), up to 8 years, plus forfeiture (art. 36e Sr) and confiscation. Companies face fines up to €820,000 (art. 51 Sr).
Rights and Obligations if Suspected in Den Haag
If suspected, you have:
- Right to a lawyer from the first police interview in Den Haag (art. 40 CCP).
- Right to remain silent and access the case file.
- Appeal against detention at the District Court of Den Haag.
Report suspicious transactions to FIU-NL (art. 16 Wwft). Contact Juridisch Loket Den Haag for free advice.
See also our article on choosing a criminal lawyer in Den Haag.
Frequently Asked Questions
Difference between intentional and negligent money laundering?
Intentional requires conscious knowledge or acceptance of criminal origin; negligent is gross carelessness. Harsher penalties for intentional.
Cash reporting at Den Haag banks?
Yes, above €10,000 (Wwft). Report suspicions to avoid negligent money laundering.
Recover forfeited proceeds?
No, permanent upon proof. Only via cassation for errors.
Family involved?
No exemptions; District Court of Den Haag prosecutes partners too.
Tips for Den Haag Residents
Avoid intentional money laundering:
- Verify sources: Request proof for large sums via Den Haag municipal statements.
- Report to FIU or via bank reporting code.
- Document everything: Keep records for the District Court of Den Haag.
- Seek advice: Call Juridisch Loket Den Haag if in doubt.
Read more in Money Laundering Den Haag or Wwft Reporting. Stay vigilant amid stricter regional controls.
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