MONEY LAUNDERING, THE SO-CALLED “SCUDO FISCALE” DOES NOT EXCLUDE THE CONVICTION

In order to constitute the crime of money laundering  does not matter  the lawful or unlawful nature of the conduct, but the purpose of hiding the criminal origin of the money, goods or benefit.

The Italian Corte di Cassazione, whit the sentence number 7257/2020, established that the crime of money laundering is a freeform crime, so that it is not possible to identify in advance the suitable criminal conducts to the configuration of the crime.

In the light of this judgment, the crime of money laundering can also be committed by lawful, such as the use of the “scudo fiscale” institute, conduct that is able to obscure the illegal origin of the obtained benefit.

Studio Tributario Societario Internazionale is available to evaluate the most favourable opportunities in each specific case with the client.