Jessica Parker
Jessica Parker is a Partner at Corker Binning, a law firm specialising in financial crime, regulatory and police investigations and litigation.
Jessica regularly acts for individuals, financial institutions and companies in investigations and proceedings brought by a wide range of prosecuting bodies. She is ranked for Crime, Financial Crime: Individuals and POCA Work & Asset Forfeiture by Chambers and Partners UK 2019 and is recommended by the Legal 500 2019 in Fraud: White-collar Crime and Professional Discipline. Jessica is also recognised in
WWL Thought Leaders - GIR 2019 as a leading practitioner in the areas of Asset Recovery, Business Crime Defence and Investigations.
Jessica has particular experience in corruption and tax fraud investigations and prosecutions and investigations originating overseas. She frequently advises clients within the financial services industry and other regulated professionals.
In connection with her white collar crime practice, Jessica has extensive experience of money laundering, restraint, confiscation and cash seizure proceedings on behalf of defendants and third parties.
Jessica also has a police investigations practice and has represented a number of high profile individuals in relation to the most serious criminal charges, including rape and serious assault.
Jessica regularly acts for individuals, financial institutions and companies in investigations and proceedings brought by a wide range of prosecuting bodies. She is ranked for Crime, Financial Crime: Individuals and POCA Work & Asset Forfeiture by Chambers and Partners UK 2019 and is recommended by the Legal 500 2019 in Fraud: White-collar Crime and Professional Discipline. Jessica is also recognised in
WWL Thought Leaders - GIR 2019 as a leading practitioner in the areas of Asset Recovery, Business Crime Defence and Investigations.
Jessica has particular experience in corruption and tax fraud investigations and prosecutions and investigations originating overseas. She frequently advises clients within the financial services industry and other regulated professionals.
In connection with her white collar crime practice, Jessica has extensive experience of money laundering, restraint, confiscation and cash seizure proceedings on behalf of defendants and third parties.
Jessica also has a police investigations practice and has represented a number of high profile individuals in relation to the most serious criminal charges, including rape and serious assault.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2004
Membership
- Jessica is Chair of the Business Crime Committee of the International Bar Association
Education
- Nottingham Law School
- Warwick University LLB
4 Contributions by Jessica Parker
PRACTICE NOTES
Acquiring, using or possessing criminal property under POCA 2002 s 329 (UK): elements, mens rea, territorial scope, exemptions (adequate consideration), corporate liability, sentencing and confiscation
This Practice Note addresses the offence of acquiring, using or possessing criminal property under section 329 of the Proceeds of Crime Act 2002 (POCA 2002). It is one of the principal money laundering offences in that Act; see Practice Note: Money laundering offences under the Proceeds of Crime Act 2002—The principal money laundering offences. For guidance on the remaining principal offences, refer to Practice Notes: Money laundering offences—concealing, disguising, converting, transferring and removing and Money laundering offences—the arrangement offence...
The acquisition, use and possession of the proceeds of crime offence
The offence arises where an individual acquires, uses, or has possession of criminal property. For fuller direction on the meaning of criminal property and criminal conduct, see Practice Note: Principal money laundering offences—mens rea, criminal property and criminal conduct—What is criminal property...
As to mens rea, suspicion alone suffices. Dishonesty is not an element, nor must the defendant know or believe that the property is criminal property for the substantive offence. However, where the prosecution can establish no more than suspicion, that limitation affects their capacity to pursue inchoate forms of the offence...
Corporate Crime
PRACTICE NOTES
Failure to disclose under POCA 2002: ss 330–332 and 336 offences—regulated/unregulated sector duties, MLRO obligations, suspicion thresholds, defences, superSARs, CPS charging approach and sentencing (UK)
Failure to disclose offences under the Proceeds of Crime Act 2002
There are four distinct offences relating to non-disclosure under the Proceeds of Crime Act 2002 (POCA 2002):
not reporting to a nominated officer or another authorised person when operating in the regulated sector—a broad application within the regulated sector, not confined to nominated officers
a nominated officer in the regulated sector failing to disclose—a narrow application limited to nominated officers within the regulated sector
a nominated officer in the unregulated sector failing to disclose—a narrow application limited to nominated officers in the unregulated sector
not making a disclosure in the prescribed form—a wide application across both regulated and unregulated sectors, not limited to nominated officers
POCA 2002, sections 330 and 331 together impose a duty on the regulated sector to report suspicions of money laundering to the appropriate authorities (ie the conversion of the proceeds of crime into assets that appear to have a legitimate origin)...
Corporate Crime
PRACTICE NOTES
POCA 2002 s 327: Concealing etc criminal property—elements, territorial scope, defences, regulated sector exemptions, ECCTA 2023 corporate liability, sentencing, confiscation and case law
This Practice Note addresses the concealing offence under section 327 of the Proceeds of Crime Act 2002 (POCA 2002). It forms one of the principal money laundering offences under the Act; see Practice Note: Money laundering offences under the Proceeds of Crime Act 2002—The principal money laundering offences. For further detail on the other principal money laundering offences, see Practice Notes: Money laundering offences—the arrangement offence and Money laundering offences—acquisition, use and possession.
POCA 2002, s 327 offence of concealing etc criminal property
The offence is made out where a person does any of the following:
conceals criminal property
disguises criminal property
converts criminal property
transfers criminal property
removes criminal property from England and Wales
POCA 2002, s 327(1)(e) is a distinct mode of commission that applies when criminal property is taken out of the jurisdiction. By contrast, the other limbs of s 327(1) contain no express geographical limitation. In R v Rogers, the Court of Appeal read this as indicating that this offence, and the other offences in POCA 2002, Part 7, possess extra-territorial effect...
Corporate Crime
PRACTICE NOTES
Proceeds of Crime Act 2002: principal money laundering offences, defences, regulated‑sector reporting and tipping‑off, thresholds, DPAs, confiscation and sentencing (UK)
Money laundering offences—an introduction
Money laundering describes the disguising of criminal proceeds as assets that seem legitimately derived, enabling permanent retention or their channelling back into further unlawful ventures. It follows a prior acquisitive offence (the predicate crime), with the profits processed either by the offender or by another acting for them. The Proceeds of Crime Act 2002 (POCA 2002) creates the core laundering offences, discussed in greater depth below. Liability can also arise for those who, within the anti-money laundering framework, fail to identify, discourage, stop or disclose substantive laundering activity. These failures are criminalised under POCA 2002 and through secondary legislation. For further detail, see Practice Note: Money laundering offences—failure to disclose offences and Anti-money laundering and counter-terrorist financing offences—overview. Corporate criminal liability extends to organisations where the wrongdoing is committed by a body corporate, a partnership, or a ‘senior manager’ operating within their real or apparent authority. Separate offences cover obstructing a money laundering investigation or undermining anti-money laundering measures...
Corporate Crime
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