Jurisdiction in relation to the offence of converting criminal property – R v Bradley David Rogers and others The FOLLOWING case presents possibly the strongest illustration yet of the length and breadth of POCA’s reach. The court considered that the offence of money laundering is par excellence an offence which, in effect, has no national […]
Read MoreTHE SERIOUS CRIME ACT 2015
The Serious Crime Bill received Royal Assent on 3 March 2015 and will now enter into force as the Serious Crime Act 2015 (the “Act”). http://bit.ly/1wkRuPj It introduces changes in a broad range of areas relating to both financial and non-financial crime. Significantly for regulated firms, it includes The introduction of additional protection from civil […]
Read MorePROPOSED AMENDMENTS TO THE PROCEEDS OF CRIME ACT 2002 WOULD OFFER PROTECTION FROM CIVIL LIABILITY TO THOSE REPORTING SUSPICIONS OF MONEY LAUNDERING
Serious Crime Bill 2014 As some readers will be aware, the House of Commons is currently considering the Serious Crime Bill 2014 (the “Bill”), which proposes amendments to various pieces of existing criminal legislation, including the Proceeds of Crime Act 2002 (“POCA”). Serious Crime Bill 2014 http://bit.ly/1upvzAj On 8 January 2015, Karen Bradley MP (Minister for […]
Read MoreCourt of Appeal finds that a bank account holder was facilitating money laundering
In the case, Rogers & Ors v R [2014] EWCA Crim 1680, the Court of Appeal ruled that an individual could be tried for money laundering under the Proceeds of Crime Act 2002 (POCA) for permitting the receipt of sums obtained by fraud into his foreign bank account and then allowing the sums to be […]
Read MoreGuilty until proven innocent: the court assumes those without another income must be using ‘hot’ money
In the absence of any evidence of legitimate income, and where an individual has a substantial history of theft and drug offences, the High Court has taken the view (Serious Organised Crime Agency v Turrall) that items of property have been purchased with the proceeds of crime. Such items are, therefore, recoverable under s.266 of […]
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