Financial Crime - Money Laundering and Bribery Notes
Money Laundering
Definition
- Money laundering is the process of converting the proceeds of crime into assets that appear to have a legal source.
- The aim is to disguise the illegal source of the property so the holder can enjoy it without suspicion.
- Example: Drug dealers using a legitimate business to channel proceeds, then extracting profits as salary or dividends to buy luxurious items.
Legislation
- Proceeds of Crime Act 2002 (POCA): Primary legislation regulating money laundering.
- Three categories of offenses:
- Laundering
- Failure to Report
- Tipping Off
Laundering (s.327 POCA 2002)
- Offense to conceal, disguise, convert, transfer, or remove criminal property from England, Wales, Scotland, or Northern Ireland.
- Concealing or disguising involves hiding the nature, source, or location of the property.
- Criminal property: Property the offender knows or suspects represents benefit from any criminal conduct.
- Laundering typically involves three phases:
- Placement
- Layering
- Integration
Phases of Money Laundering
- Placement
- The initial disposal of the proceeds of crime into a legitimate business activity or property.
- Example: Depositing illegal cash into a takeaway business.
- Layering
- Transferring money between businesses or places to conceal its initial source.
- Example: Transferring money between bank accounts to obscure the audit trail.
- Integration
- The money takes on a legitimate appearance.
- Example: Withdrawing money from a bank account as a