Money laundering and proceeds of crime
If you are accused of money laundering, the case may turn on whether property was criminal property and whether you knew or suspected its alleged source. Bank-account use, cash, transfers, messages and telephone evidence should be examined together rather than in isolation.
What counts as a money-laundering offence?
The principal offences under the Proceeds of Crime Act 2002 can concern concealing, disguising, converting or transferring criminal property; entering into an arrangement involving criminal property; or acquiring, using or possessing it. Allegations can relate to a person’s own alleged proceeds or property said to come from another offence.
- Cash and bank transfers
- Use of personal or business accounts
- Money-mule allegations
- Property, vehicles and other assets
What must the prosecution prove?
The precise elements depend on the charge. Important questions may include whether the property represented a benefit from criminal conduct and whether the accused knew or suspected that. The defence must test the evidence for the alleged source, the person’s state of mind and any innocent explanation.
- Whether the property was criminal property
- Knowledge or suspicion
- The purpose and context of each transaction
Banking, telephone and digital evidence
Money-laundering cases often use financial schedules alongside messages, call records, cell-site material, device downloads and account-registration data. The defence may need to challenge who used a device or account, how communications are interpreted and whether the timeline supports the prosecution case.
- Account and device attribution
- Transaction and communication timelines
- Disclosure, context and expert evidence
Common questions
Can I be accused of money laundering without being charged with the original crime?+
Yes. Money laundering can be charged on its own or alongside an alleged underlying offence, depending on the evidence. The prosecution must still prove the legal elements of the laundering charge.
What if I did not know the money was criminal?+
Knowledge or suspicion can be a central issue. The answer depends on the precise offence, evidence and circumstances, so obtain advice based on the case papers.
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