The simplest definition of Money Laundering 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 main offences of Money Laundering:
- 327 Concealing, disguising, converting, transferring or the removal from the UK of criminal property;
- 328 arranging the acquisition, retention or use of criminal property by or on behalf of another person;
- S329 Acquiring, using or having possession of criminal property where there has not been an “authorised disclosure”.
As these offences are centred around “criminal property”, it is necessary for the prosecution to prove that the property, whether it be cash, a car, a house, constitutes a person’s benefit from criminal conduct, or it represents such, and 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.
If you are accused of Money Laundering, you should seek legal advice immediately.
It is vital that you receive the best advice possible and provide as much detail of the facts of your case as you can to ensure the right result for you.
MK Law is on hand to help you through all stages of the process.