The simplest definition of money laundering offences is the concealing of money which represents the proceeds of criminal activity or which has contributed to crime. The Proceeds of Crime Act 2002 (POCA) sets out three primary processes:
- concealing, disguising, converting, transferring or the removal from the UK of criminal property;
- arranging the acquisition, retention or use of criminal gains or property by or on behalf of another person;
- acquiring, using or having possession of property acquired through criminal gains where there has not been an “authorised disclosure”.
For each of these offences the prosecution must prove that the property, whether it be cash, a car, or even a house, constitutes a person’s benefit from criminal conduct, or it represents such criminal conduct. They must also prove that the accused knew or suspected this was the case. It is this requirement which leads to lengthy investigations, often examining bank statements and business habits.