Money Laundering – Understanding Overlap with Primary Criminal Conduct

Speaker: Frederick Hookway
Chambers: 2 Harcourt Building

Frederick Hookway
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 Past Papers library on our website

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