Money Laundering – Understanding Overlap with Primary Criminal Conduct

Speaker: Frederick Hookway
Chambers: 2 Harcourt Building

Frederick Hookway
Barrister
2 Harcourt Buildings

This seminar will cover

The principle money laundering offences
• Section 327 of the Proceeds of Crime Act 2002 (“POCA 2002”): Concealing/disguising/converting/transferring/removing criminal property.
• Section 328 POCA 2002: Arrangements to facilitate the acquisition, retention, use or control of criminal property.
• Section 329 POCA 2002: Acquiring/using/possessing criminal property.

Criminal property
• Section 340(3) POCA 2002 defines criminal property as;
(a) It constitutes a person’s benefit from criminal conduct or it represents such a benefit (in whole or part and whether directly or indirectly), and
(b) The alleged offender knows or suspects that it constitutes or represents such a benefit.

Key points about criminal property
• Unlimited geographical range (subject to ‘local law’ defence).
• That property is derived from criminal conduct can be proved by evidence of a particular crime, or by evidence of how the property is being handled (R-v-Anwoir [2009] 4 All ER 582).
• Mental element is knowing or suspecting.
• Immaterial who carried out the criminal conduct, or whether conduct committed before or after the coming into force of this Act.
• Includes all types of property.

For complete speaker’s notes please go to the video training library on our website

If you would like to contact Freddie Hookway about this seminar  or about your caseload you can do so by e mailing him at 2 Harcourt Building using this e mail address

clerks@2hb.co.uk

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