Solicitors and the Anti-Money Laundering Regulations - University of 律师和反洗钱法规-大学.ppt

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2018-04-10 发布于江西
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Solicitors and the Anti-Money Laundering Regulations - University of 律师和反洗钱法规-大学.ppt

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Money LaunderingThe Legal Position Andrew Campbell University of Leeds a.campbell@leeds.ac.uk Introduction Why is this important? Most of us will now be covered to some extent by the anti money laundering regime There have been a number of successful prosecutions for money laundering offences “He clearly closed his eyes to the obvious” Solicitor jailed after home fraud July 2006 Sale of house at massive undervalue Some of the UK’s leading banks have been fined for AML failures The Legal Framework The Substantive Law The Money Laundering Regulations 2003 It is important that you are aware of the legal framework The Proceeds of Crime Act The substantive criminal law is to be found in Part 7 of POCA and the relevant anti-terrorism provisions Prior to POCA the relevant offences were scattered in a number of separate pieces of legislation Concealing etc. Section 327 is the first principal offence and it makes it an offence to conceal, disguise, convert, transfer or remove criminal property from England and Wales, Scotland or Northern Ireland. Section 327(3) provides that this includes concealing or disguising the nature, source, location, disposition, movement or ownership or any rights with respect to it. Arrangements The second principal money laundering offence is contained in section 328 which provides: A person commits an offence if he enters into or becomes concerned in an arrangement which he knows or suspects facilitates (by whatever means) the acquisition, retention, use or control of criminal property by or on behalf of another person. This offence can be committed in any or more of the five ways referred to. Where a person handles money which is derived from the proceeds of a criminal offence there is potential liability. “..which he knows or suspects…” Knowledge is a straightforward concept which should not cause any problems but suspicion raises many more issues. What will amount to suspicion for the purposes of this offence? The Joint Money Laund