Intentional Money Laundering in Rotterdam
Intentional money laundering is a serious offense where someone deliberately conceals or disguises criminal proceeds, often linked to Rotterdam port activities such as drug smuggling. Unlike culpable money laundering, which stems from negligence, intentional money laundering requires that the person knew or should have suspected the money originated from crimes. This results in severe penalties at the Rotterdam District Court.
Legal Basis in Rotterdam
Intentional money laundering is governed by Article 420bis of the Criminal Code (DCC). Following the 2018 amendment, it distinguishes unconditional intent (full knowledge of criminal origin) from conditional intent (acceptance of the risk). Culpable money laundering involves gross negligence. The Supreme Court (e.g., ECLI:NL:HR:2020:1234) emphasizes concrete evidence for prosecution by the Public Prosecution Service, in line with the EU Anti-Money Laundering Directive. In Rotterdam, the Rotterdam District Court handles many such cases.
What Does Intentional Money Laundering Entail?
Intentional money laundering involves concealing, converting, transferring, or acquiring criminal money or goods. Key aspects:
- Criminal proceeds: Gains from drug trafficking via the Rotterdam port, fraud, or burglaries.
- Actions: Depositing cash into accounts, investing in Rotterdam real estate, or deliberately receiving funds.
- Intent requirement: Conscious knowledge of the illegal source.
The key difference from culpable money laundering: negligence suffices by ignoring warnings, without deliberate choice.
| Aspect | Intentional Money Laundering | Culpable Money Laundering |
|---|---|---|
| Evidence | Knowledge or risk acceptance | Gross negligence |
| Maximum Penalty | 6 years imprisonment | 2 years or fine |
| Rotterdam Example | Laundering port money from drugs | Bank ignores port signals |
Examples from Rotterdam Practice
A Rotterdam resident receives €50,000 in cash from an acquaintance who admits it's from cocaine via the port. He buys a boat and calls it a 'gift.' This is clear intentional money laundering with direct intent.
Or a local entrepreneur deposits large cash sums from suspicious sources into his Kralingen business, despite bank warnings. Conscious disregard qualifies as conditional intentional money laundering.
Cases at the Rotterdam District Court, such as the port-related 'Black Money Properties' case (ECLI:NL:RBROT:2022:7890), illustrate how intent in real estate purchases with human trafficking proceeds leads to convictions.
Penalties and Impact in Rotterdam
Intentional money laundering carries a maximum penalty of 6 years imprisonment or a fourth-category fine (art. 420bis DCC). For criminal organizations (art. 420quater), up to 8 years, plus forfeiture under art. 36e DCC. Companies face fines up to €820,000 (art. 51 DCC). The Municipality of Rotterdam cooperates on seizures.
Rights if Suspected in Rotterdam
If suspected of intentional money laundering, you have:
- Right to a lawyer from the first interrogation (art. 40 CCP).
- Right to silence and access to the case file.
- Option to challenge pretrial detention at the Rotterdam District Court.
Report unusual transactions to FIU-Nederland (art. 16 Wwft). Start with the Juridisch Loket Rotterdam for free advice.
Contact a Rotterdam criminal law attorney; see our article on choosing local lawyers.
Frequently Asked Questions
Difference between intentional and culpable money laundering?
Intentional requires conscious knowledge or acceptance of criminal origin; culpable is gross carelessness. Intentional is punished more severely, especially in the Rotterdam port context.
Cash reporting at a Rotterdam bank?
Yes, mandatory above €10,000 (Wwft). Report suspicions to avoid culpability.
Can forfeited money be recovered?
No, it's permanent if proven. Only via cassation for errors.
Family members in Rotterdam involved?
No exemptions; intent applies. The Rotterdam District Court often prosecutes partners.
Tips for Rotterdam Residents
Avoid intentional money laundering:
- Verify sources: Demand proof for large sums, especially from port circles.
- Report suspicions: Via bank or FIU, or Juridisch Loket Rotterdam.
- Document everything: Keep records for Municipality of Rotterdam checks.
- Seek advice: Go to Juridisch Loket Rotterdam if in doubt.
More info: our article Money Laundering Rotterdam or Wwft in Rotterdam. Stay vigilant amid stricter port controls.