Money laundering offences are prosecuted under the Proceeds of Crime Act 2002 (POCA). These cases often arise from allegations that a person has concealed, transferred, acquired or used criminal property.
Investigations can be complex and may involve financial records, bank accounts, cryptocurrency, business transactions or international transfers. Early legal advice is important if you are under investigation or have been asked to attend an interview.
Under POCA, money laundering includes:
• Concealing criminal property
• Converting or transferring criminal property
• Entering into arrangements to facilitate the use of criminal property
• Acquiring, using or possessing criminal property
The prosecution must prove that the property represents the proceeds of crime and that you knew or suspected this.
Money laundering investigations may involve:
• Account freezing orders
• Production orders
• Search warrants
• Interviews under caution
• Seizure of financial records or digital devices
These investigations can be conducted by the police, HMRC, the National Crime Agency or other specialist units.
Early representation can affect charging decisions and the direction of the case.
Serious money laundering allegations are usually heard in the Crown Court. These cases often involve:
• Detailed financial analysis
• Digital evidence
• Multi-defendant proceedings
• Linked allegations such as fraud or conspiracy
We review the prosecution evidence carefully, challenge assumptions and assess whether the required knowledge or suspicion can be proven.
Money laundering investigations frequently lead to:
• Account freezing orders
• Restraint orders
• Confiscation proceedings following conviction
We advise on challenging freezing orders and reducing financial exposure where possible.
If you are under investigation or charged with a money laundering offence, seek advice immediately. Contact us on 01204 371414 or email [email protected] for guidance on your position.
Can I be charged with money laundering if I did not commit the original crime?
Yes. You can be charged if you are alleged to have handled property that represents the proceeds of crime, even if you were not involved in the original offence.
What does “criminal property” mean?
Criminal property refers to money or assets that represent a person’s benefit from criminal conduct.
Can my bank account be frozen during an investigation?
Yes. Account freezing orders can be made while an investigation is ongoing.
Does the prosecution need to prove I knew the money was from crime?
They must prove that you knew or suspected the property was criminal property.
Can money laundering lead to prison?
Yes. Money laundering offences carry significant custodial sentences, particularly where large sums are involved.
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