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  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.
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