Corker Binning
3 Experts
6 Contributions by Corker Binning Experts
PRACTICE NOTES
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
Corporate Crime
PRACTICE NOTES
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
Corporate Crime
PRACTICE NOTES
Civil investigation of tax fraud
HMRC’s stated approach to tax fraud is to favour civil procedures rather than criminal ones wherever appropriate, and where a civil route is suitable it will be pursued. Pursuing criminal enquiries and prosecutions is costly and, as a result, runs counter to HMRC’s revenue‑raising function. Accordingly, criminal action is reserved for instances where it will operate as an effective deterrent or where there are aggravating features, such as involvement in an organised plan. As an alternative to a criminal investigation, where deliberate behaviour has brought about a loss of tax, HMRC may employ its civil investigation of fraud process as set out within Code of Practice 9 (COP9). COP9 operates through the Contractual Disclosure Facility (CDF), which gives the recipient the opportunity to make a full disclosure of their conduct, with HMRC agreeing not to commence a criminal
Corporate Crime
PRACTICE NOTES
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
Corporate Crime
PRACTICE NOTES
This Practice Note addresses the arrangement offence in section 328 of the Proceeds of Crime Act 2002 (POCA 2002), one of the principal money laundering offences under that statute; see Practice Note: Money laundering offences under the Proceeds of Crime Act 2002—The principal money laundering offences. For material on the other principal money laundering offences, consult Practice Notes: Money laundering offences—concealing, disguising, converting, transferring and removing and Money laundering offences—acquisition, use and possession.
The arrangement offence under POCA 2002, s 328
The offence is committed where a person enters into, or is otherwise concerned in, an arrangement which they know or suspect will facilitate (by any means) the acquisition, retention, use or control of criminal property by, or on behalf of, another. For fuller guidance on the meaning of criminal property and criminal conduct, see Practice Note: Principal money laundering
Corporate Crime
PRACTICE NOTES
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’
Corporate Crime
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