California man gets probation in $43,000 money laundering case

A 58-year-old California man Thursday pleaded guilty to misdemeanor attempted money laundering charges and was sentenced to six months probation.

Kane County Judge Timothy Sheldon accepted the plea agreement for Henry Franco, of West Covina, who was originally charged with a felony after authorities arrested him with $43,005 in shrink-wrapped packages after a March 2011 traffic stop along Interstate 88 near Sugar Grove.

Franco, who had no prior criminal record, also must pay $500 in court fines. He had faced up to seven years in prison, but probation also was an option.

“We reviewed the file in its entirety, we consulted with the arresting officer, and we felt it was an appropriate disposition given the facts and circumstances of the case,” Assistant State’s Attorney Kelly Orland said.

In a separate matter, Kane County authorities seized 70 percent of the money, about $30,103.50 and returned $12,901.50 to Franco.

According to court documents, Franco was headed west on I-88 when he was pulled over.

The officer noticed Franco was nervous and sweating and couldn’t specify if he was visiting a friend who lived in the city of Aurora or lived on Aurora Street in Chicago, court documents state.

Franco later told police he was transporting $43,000. “(Franco) indicated that he did not know what business the U.S. (currency) came from ... that he came into possession of the currency by stopping on a side street in Chicago located off the expressway,” read part of the state’s petition to seize the money. “(Franco) indicated that while on that side street, a man unknown to him walked up to him and handed him a bag with the money.”

He then told authorities the money was to buy and import chilies, and that it also was part of a loan and money for his brother-in-law, court documents said.

If Franco violates his probation, he could be sentenced to a year in jail.